26055. Misbranding of canned cherries,     tl. S. v.  25 Cases of Canned Cherries.
Default   decree   of  condemnation.     Product   delivered to  a  charitable 
organization.     (F. & D. no. 37545.     Sample no. 53461-B.)
This case involved canned cherries which were substandard because of the 
presence of an excessive number of pits and which were not labeled to indicate 
that they were substandard.
On April 3, 1936, the United States attorney for the Southern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 25 cases of canned 
cherries at San Diego, Calif., alleging that the article had been shipped in inter- 
state commerce on or about February 26, 1936, by the Western Oregon Packing 
Corporation, from Corvallis, Oreg., and charging that the article was mis- 
branded in violation of the Food and Drugs Act as amended. The article was 
labeled in part: (Case) "Fenwick Brand R S P Cherries Packed for Youngs 
Market San Diego, California"; (cans) "Water Pack Pitted Red Sour Cherries 
* * * Approved for Color Flavor Quality Fill by Fenwick Packed For James 
Fenwick Company Portland, Ore."
The article was alleged to be misbranded in that the cases were labeled or 
branded so as to deceive or mislead the purchaser, since they failed to show 
that the product was water-packed, and in that it was canned food and fell 
below the standard of quality and condition promulgated by the Secretary of 
Agriculture for such canned food, and its package or label did not bear a plain 
and conspicuous statement prescribed by the Secretary of Agriculture indicat- 
ing that it fell below such standard.
On April 27, 1936, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be delivered to some charitable 
or welfare organization.
W. R. GREGG, Acting Secretary of Agriculture.