31090. Misbranding of canned cherries.    U. S. v. 38 Cases of Canned Cherries and
1  other  libel  against a  similar product.     Decrees  of  condemnation. 
Product ordered distributed to a charitable Institution.     (F. & D. Nos.
45590, 45598.    Sample Nos. 70422-D, 70495-D.)
This product was substandard because of the presence of excessive pits, and 
It was not labeled to indicate that it was substandard.
On or about January 29 and March 1, 1940, the United States attorney for 
the Northern District of Texas, acting upon reports by the Secretary of Agri- 
culture, filed libels against 38 cases of canned cherries at Amarillo, Tex., and 
42 cases of canned cherries at Pampa, Tex., alleging that the article had been 
shipped in interstate commerce on or about July 26, 1939, by the Colorado 
Packing Plant from Canon City, Colo.; and charging that it was misbranded
in violation of the Food and Drugs Act. The article was labeled in part: 
"Admiration Red Sour Pitted Cherries" and "Faust Brand * * * Pitted 
Sour Water Pack Red Cherries."
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 packages or labels did not bear a plain and conspicuous 
statement, as prescribed by the Secretary of Agriculture indicating that it fell 
below such standard.
On June 3, 1940, no claimant having appeared, judgments of condemnation 
were entered and the article was ordered distributed to a charitable institution.
PAUL V. MCNUTT, Administrator.