14X76. Adulteration and misbranding of canned cherries. U. S. v. 13 
Cases of Canned Cherries. Default decree of condemnation, for- 
feiture, and destruction. (F. & D. No. 20783. I. S. No. 769-x. S. No. 
W-1849.)
On January 21, 1926, the United States attorney for the Northern District 
of California, 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 and condemnation of 13 cases of canned cherries, remaining in the 
original unbroken packages at Oakland, Calif., alleging that the article had 
been shipped by the Olympia Canning Co., from Olympia, Wash., August 27, 
1925, and transported from the State of Washington into the State of Cali- 
fornia, and charging adulteration and misbranding in violation of the food and 
drugs act as amended. The article was labeled in part: (Can) " Ferndell 
Brand White Royal Anne Cherries Net Weight One Pound."
Adulteration of the article was alleged in the libel for the reason that a 
substance, excessive water or sirup, had been substituted wholly or in part 
for the said article.
Misbranding was alleged for the reason that the statements " White Royal - 
Anne Cherries Net Weight One Pound," borne on the label, were false and mis- ,' 
leading and deceived and misled the purchaser, and for the further reason that J 
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 March 26, 1926, 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. 
"    
, 
C. F. MARVIN, Acting Secretary of Agriculture. [