28767. Misbranding of canned cherries.    U. S. v. 77 Cases of Cherries.    Product
released  under bond for  relabeling.     (F.  & D.  No.  41666.     Sample No. 
9512-D.)
This product was substandard because of the presence of excessive pits, 
and it was not labeled to indicate that it was substandard.
On February 10, 1938, the United States attorney for the Western District 
of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 77 cases of 
canned cherries at Pittsburgh, Pa., alleging that the article had been shipped 
in interstate commerce on or about August 16, 1937, by Westfield Planters 
Cooperative Fruit Products, Inc., from Westfield, N. Y., and charging mis- 
branding in violation of the Food and Drugs Act. The article was labeled in 
part: "Westfield Maid Brand * * * Packed by Westfield Planters Coop- 
erative Fruit Products, Inc. Westfield   *   *    *   New York."
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 20 
ounces of net contents, and the 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 March 3, 1938, the Westfield Planters Cooperative Fruit Products, Inc., 
having petitioned for release of the product under bond for relabeling and 
having in the petition admitted the allegations of the libel and consented to 
the entry of a decree, it was ordered by the court that the product be re- 
leased under bond for reshipment to the cannery for relabeling.
M. L. WILSON, Acting Secretary of Agriculture.