27687. Misbranding of canned cherries.     U.  S. v.  135 Cases  and  175  Cases  of
Canned Cherries.    Decrees of condemnation.    Product released under 
bond.     (F. & D. Nos. 89682, 39683.     Sample Nos. 41495-C, 41497-C.)
This product was substandard because the cherries were packed in water and 
it was not labeled to indicate that it was substandard.
On June S, 1937, the United States attorney for the District of Kansas, acting 
upon reports by the Secretary of Agriculture, filed in the district court libels 
praying seizure and condemnation of 310 cases of canned cherries at Wichita, 
Kans., alleging that the article had been shipped in interstate commerce on or 
about August 11 and August 21, 1936, by the Smith Canning Co. from Brigham, 
Utah, and charging misbranding in violation of the Food and Drugs Act as 
amended. The article was labeled in part: (Cans) "Smith Brand Pitted Red 
Sour Cherries Distributed by Smith Canning Co. Clearfield, Utah—Athena, 
Oregon."
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 Agriculture 
since the cherries were packed in water, and its label did not bear a plain and 
conspicuous statement prescribed by the Secretary indicating that it fell below 
such standard.
On June 24, 1937, Ranney-Davis Merc. Co., Wichita, Kans., claimant, having 
admitted the allegations of the libels, judgments of condemnation were entered
ordering the product released under bond conditioned that it be relabeled under 
the supervision of this Department.
M. L>. WILSON, Acting Secretary of Agriculture.