14041. Adulteration and misbranding of canned cherries.     U. S. v. 18 Cases
of Canned Cherries.     Default decree of condemnation, forfeiture, 
and destruction.     (F. & D. No.  19824.    I  S. No.  13590-v.     S. No. E-5037.)
On February 20, 1925, the United States attorney for the District of Con- 
necticut, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure
BUREAU  OF  CHEMISTRY ?  [Supplemental!
and condemnation of 13 cases of canned cherries, remaining in the original 
and unbroken packages at Bridgeport, Conn., alleging that the article had 
been shipped by the Fredonia Preserving Co., of Fredonia, N. Y., into the 
State of Connecticut, on or about August 1, 1924, and charging adulteration 
and misbranding in violation of the food and drugs act as amended. The 
article was labeled in part: (Can) "Fedora Brand First Quality Pitted Cher- 
ries Contents 6 Lbs. 12 Oz. Packed By Fredonia Preserving Co. Main Office 
Fredonia, Chautauqua Co. N. Y."
Adulteration of the article was alleged in the libel for the reason that it 
consisted in whole or in part of a filthy, decomposed, or putrid vegetable 
substance.
Misbranding was alleged in substance for the reason that the labels on 
the cases containing the article were of such character as to induce the pur- 
chaser to believe that the packages (cans) contained 6 pounds and 12 ounces 
of the said article, when, in truth and in fact, they did not, and for the further 
reason that the article was [food] in package form and the quantity of the 
contents was not plainly and conspicuously marked on the outside of the 
package.
On April 22, 1925, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
R. W. DUNLAP, Acting Secretary of Agriculture.