28832. Misbranding of canned cherries.    U. S. v. 21 Cartons of Canned Cherries.
Consent decree of condemnation.   Products released under bond.    (F. &
D. No. 41680.   Sample No. 35141-D.)
This product fell below the standard established by this Department because 
it contained an excessive number of pits, and it was not labeled to indicate that 
it was substandard.
On February 10, 1938, the United States attorney for the District of Idaho, 
acting upon a report by the Secretary of Agriculture, filed in the district court a 
libel praying seizure and condemnation of 21 cartons of canned cherries at Twin 
Falls, Idaho, alleging that the article had been shipped in interstate commerce 
on or about August 10,1937, by Pacific Fruit & Produce Co. from Seattle, Wash., 
and charging misbranding in violation of the Food and Drugs Act. The article 
was labeled in part: "Garden Brand * * * Red Sour Pitted Cherries 
*   *   *   Packed for International Brokerage Co. Seattle—Minneapolis."
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 1 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 indicating that such canned food fell below such 
standard.
On March 8, 1938, the Valley Fruit Canning Co., Seattle, Wash., claimant, 
having consented to the entry of a decree, the product was ordered released under 
bond conditioned that it not be disposed of contrary to law.
M- L. WILSON, Acting Secretary of Agriculture.