28605. Misbranding of canned cherries. U. S. v. 18 Cases of Canned Cherries. 
Consent decree of condemnation. Product released under bond for 
relabeling.     (F. & D. No. 41200.    Sample No. 63294-C.)
This product fell below the standard established by this Department because 
of the presence of excessive pits and was not labeled to indicate that it was sub- 
standard.
On December 23, 1937, the United States attorney for the District of Oregon, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 18 cases of canned cherries at 
Portland, Oreg., alleging that the article had been shipped in interstate com- 
merce on or about November 2, 1937, by Stokely Bros., Inc., from Bellmgham, 
Wash., and charging misbranding in violation of the Food and Drugs Act as 
amended. The article was labeled in part: "Stokely's Finest Pitted Tart Red 
Cherries Stokely Bros, and Co., Inc. Indianapolis, Ind."
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, in that there was present more than one cherry pit per 20 ounces 
of net contents, and its package or label did not bear a plain and conspicuous 
statement prescribed by regulation of this Department indicating that it fell 
below such standard.
On February 23, 1938, C. P. Dorr having appeared as claimant and having 
consented to the entry of a decree, judgment of condemnation was entered, and 
the product was ordered released under bond conditioned that it be relabeled.
W. R. GEEGG, Acting Secretary of Agriculture.