22933. Adulteration   and misbranding of   canned   cherries.   V.    S.   v.   19
Cases of Canned Cherries. Default decree of forfeiture and 
destruction.   (F.  &  D.  no.   82804.    Sample  no.   71223-A.)
This case involved a shipment of water-packed pitted cherries. Examina- 
tion showed that it contained excessive pits and maggots; that it was not
labeled to indicate that it was substandard and was not properly labeled to show 
that it was water-packed cherries.
On June 4, 1934, the United States attorney for the District of Idaho, acting 
upon a report by the Secretary of Agriculture, filed in the district court a libel 
praying seizure and condemnation of 19 cases of canned cherries at Moscow, 
Idaho, alleging that the article had been shipped in interstate commerce on 
or about April 30, 1934, by the Puyallup & Sumner Fruit Growers Association, 
from Portland Oreg., and charging adulteration and misbranding in violation 
of the Food and Drugs Act as amended. The article was labeled in part: " Por- 
to Brand, Packed in water fruit * * * sour pitted cherries, Mason Ehrman 
and Co., Portland,  Oregon."
The libel alleged that the article was adulterated in that it consisted wholly 
or in part of a filthy vegetable substance.
Misbranding was alleged in that the article was canned food and fell below 
the standard of quality and condition promulgated by the Secretary of Agricul- 
ture and failed to bear a statement indicating that it fell below such standard, 
examination having shown that the cherries contained maggots and excessive 
pits and that the statement " packed in water " was not on the main panel and 
was not in direct conjunction with the name of the product.
On August 9, 1934, no claimant having appeared, judgment of forfeiture was 
entered and destruction of the product was ordered.
M. L. WILSON, Acting Secretary of Agriculture.