27317. Misbranding of canned cherries. V. S. v. 84 Cases of Canned Cherries. Decree of condemnation. Product released under bond to be relabeled. (F. & D. no. 39239. Sample no. 41418-C.) This product was substandard because it was water-packed. It was not labeled to indicate that it was substandard. On March 19, 1937, the United States attorney for the District of Kansas, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 84 cases of canned cherries at Em- poria, Kans., alleging that they had been shipped in interstate commerce on or about August 11, 1936, by the Christopher Sales Co., from Kansas City, Mo., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Royal Brand Red Pitted Cherries * * * H. D. Olson & Sons, Successors to W. Craig Canning Co. Headquarters, Ogden, Utah." It was alleged to be misbranded in that it was canned food and fell below the standard of quality and condition promulgated by the Secretary of Agricul- ture since the fruit was water-packed, and its package or label did not bear a plain and conspicuous statement prescribed by the Secretary of Agriculture indicating that it fell below such standard. On June 2, 1937, the Theo. Poehler Mercantile Co., of Topeka, Kans. having appeared as claimant and having admitted the allegations of the libel, judgment of condemnation was entered and it was ordered that the product be released under bond to'be relabeled. H. A. WALLACE, Secretary of Agriculture.