22794. Misbranding of canned cberrles.    U. S. v. 39 Cases of Canned Cber¬
rles.    Decree of condemnation and forfeiture.    Product released 
under bond to be relabeled.    (F. & D. no. 32778.    Sample no. 71439-A.)
This case involved a shipment of "Pitted Cherries", which fell below the 
standard established by the Secretary of Agriculture, because of the presence 
of excessive pits, and which were not labeled to indicate that they were 
substandard.
On May 31, 1934, the United States attorney for the District of Colorado, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 39 cases of canned cherries at 
Colorado Springs, Colo., consigned by the Pleasant Grove Canning Co., Orem, 
Utah, alleging that the article had been shipped in interstate commerce, from 
the State of Utah into the State of Colorado, on or about September 4, 1933, 
and charging misbranding in violation of the Food and Drugs Act as amended. 
The article was labeled in part: " Utah Valley Brand Red Sour Pitted Cherries* 
Water Pack * * * Packed By Pleasant Grove Canning Co Pleasant 
Grove—Orem Utah."
It was alleged in the libel that the article was misbranded in that it was 
canned food and fell below the standard of quality and condition promulgated 
by the Secretary of Agriculture, because of the presence of an excessive number 
of pits, and its package or label did not bear a plain and conspicuous statement
-prescribed by regulation of this ^Department, indicating that it fell below such 
standard.
On August 22, 1934, the Pleasant Grove Canning Co. having appeared as 
claimant for the property and having admitted the allegations of the libel, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be released to the claimant upon payment of costs and 
the filing of cash bond in the sum of $138, conditioned that it be relabeled.
M. L. WILSON, Acting Secretary of Agriculture.