28512. Misbranding of canned cherries.     IT.  S. v. 72 Cases of Canned Cherries
(and 2 other seizure actions against the same product).    Decrees of
condemnation.     Portion of product released under bond for relabeling;
remainder  destroyed.     (F.   &  D.   Nos.   40871,   40888,   41977.    Sample  Nos.
60558-C, 60569-C, 3362-D.)
This product was substandard because it contained an excessive number 
of pits and it was not labeled to indicate that it was substandard.
On November 19 and 20, 1937, and March 18, 1938, the United States attorney 
for the District of New Mexico, acting upon reports by the Secretary of Agri- 
culture, filed in the district court libels praying seizure and condemnation of 
72 cases of canned cherries at Albuquerque, 24 cases at Las Vegas, and 14 cases 
at Raton, N. Mex., alleging that the article had been shipped in interstate 
commerce on or about September 13, 21, and 22, 1937, and January 22, 1938, 
from Delta, Colo., by Delta Canning Co., and charging misbranding in violation 
of the Food and Drugs Act as amended. The article was labeled in part: 
"Town Talk * * * Water Pack R. S. P. Cherries * * * Packed for The 
Stone-Hall Co., Denver, Colo."
The article 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 there was present more than one cherry pit per each 
20 ounces of net contents 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 December 20 and 22, 1937, the Delta County Canning Co., having filed a 
claim for the lots seized at Albuquerque and Las Vegas, N. Mex., and having 
consented to the entry of decrees, judgments of condemnation were entered and 
the said lots were ordered released under bond conditioned that they be 
relabeled. On April 18, 1938, no claim having been entered for the lot seized 
at Raton, N. Mex., the product was condemned and ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.