29811. Misbranding of canned cherries.    U. S. v. 250 Cases of Canned Cherries
(and 5 similar seizure actions). Consent decree of condemnation. 
Product released under bond to be relabeled. (F. & D. Nos. 44005 to 
44010, inclusive.    Sample Nos. 24966-D, 24967-D, 24968-D, 28393-D.)
This product was substandard because of an excessive number of pits, and 
it was not labeled to indicate that it was substandard.
On September 30, 1938, the United Slates attorney for the Southern District 
of Florida, acting upon a report by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 525 cases of canned 
cherries at Tampa, Fla., and 248 cases of canned cherries at St. Petersburg, 
Fla.; alleging that the article had been shipped in interstate commerce on or 
about August 2, 1938, by Huber Packing Co., Inc., from Tacoma, Wash.; and 
charging misbranding in violation of the Food and Drugs Act. The article^was 
labeled in part: "Midfield Brand Water Pack R. S. P. Cherries."
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 Agriculture, 
since there was present more than 1 cherry pit per each 20 ounces of net contents 
and its package or label did not bear a plain and conspicuous statement pre- 
scribed by the Secretary indicating that it fell below such standard.
On October 28, 1938, the cases having been consolidated and the Huber Pack- 
ing Co. Inc., claimant, 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 to conform to the Food and Drugs Act.
HAEBT L. BEOWN, Acting Secretary of Agriculture.