31083. Misbranding of canned cherries.    U. S. v. 15 Cases of Canned Cherries.
Default   decree   of  condemnation.     Product  delivered  to   a  charitable 
institution.    (F. & D. No. 45600.   Sample No. 70496-D.)
This product was substandard since it contained excesive pits, and was not 
labeled to indicate that it was substandard.
On March 11, 1940, the United States attorney for the District of New 
Mexico, acting upon a report by the Secretary of Agriculture, filed in the 
district court a- libel praying seizure and condemnation of 15 cases of canned 
cherries at Clovis, N. Mex., alleging that the article had been shipped in inter- 
state commerce on or about November 15, 1939, by the Furr Food Stores, that 
the shippers had transported the article in their own truck from Amarillo, 
Tex., to themselves at Clovis, N. Mex.; and that it was misbranded in viola- 
tion of the Food and Drugs Act. The article was labeled in part: "Admiration 
Red Sour Pitted Cherries * * * Packed by Colorado Packing Plant, Canon 
City, Colorado."
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 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 state- 
ment prescribed by regulation of this Department indicating that it fell below 
such standard.
On April 23, 1940, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be delivered to a charitable 
institution for the use of that institution.
PAUL V. MCNUTT, Administrator.