29359. Misbranding of canned cherries. U. S. v. 240 Cases of Canned Cherries. 
Consent decree of condemnation. Product released under bond for 
relabeling:.  (F. & D. No. 43110.   Sample No. 22893-D.)
This product fell below the standard established by this Department because 
of an excessive number of pits, and it was not labeled to indicate that it was 
substandard.
On July 21, 1938, the United States attorney for the Southern District of - 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 240 cases of canned 
cherries at Wilmington, Calif.; alleging that the article had been shipped in 
interstate commerce on or about July 7, 1938, from Portland, Oreg., by Paulus 
Bros. Packing Co.; and charging misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: "White Tag R. S. P. Cherries 
Packed in Water   *    *   *   Paulus Bros. Packing Co., Salem, 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 Agri- 
culture for such canned food, since there was present more than 1 cherry pit 
per 20 ounces of net contents, and its package or label did not bear a plain 
and conspicuous statement as prescribed by the Secretary of Agriculture indi- 
cating that such canned food fell below such standard.
On August 22, 1938, Paulus Bros. Packing Co., claimant, having admitted the 
allegations of the libel and having consented to the entry of a decree, judg- 
ment of condemnation was entered and the product was ordered released 
under bond conditioned that it be relabeled.
HARRY L. BROWN, Acting Secretary of Agriculture.