20409. Misbranding of   canned   cberrles.     U.   S.   v.   51   Cases   of   Checker
Brand Canned Cberrles. Decree of condemnation. Product 
released under bond for relabellngr. (F. & D. no. 29125. Sample 
no. 18377-A.)
This action involved the interstate shipment of a quantity of canned cherries, 
sample cans of which were found to contain less than the declared weight.
On October 28, 1932, the United States attorney for the Eastern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for the district aforesaid a libel praying seizure and 
condemnation of 51 cases of canned cherries, remaining in the original unbroken 
packages at Sherman, Tex., alleging that the article had been shipped in inter- 
state commerce on or about August 8,1932, by the Webster Canning & Preserving 
Co., from Webster, N.Y., to Dallas, Tex., and reshipped on or about August 
20, 1932, from Dallas to Sherman, Tex., and charging misbranding in violation 
of the Food and Drugs Act as amended. The article was labeled in part: 
(Cans) "Checker Brand Water Pack Sour Pitted Red Cherries Contents 1 lb. 
5 oz.   Packed by Webster Canning and Preserving Co., Webster, N.Y."
It was alleged in the libel that the article was misbranded in that the state- 
ment " Contents 1 lb. 5 oz." was false and misleading and deceived and misled 
the purchaser. Misbranding was alleged for the further reason that the 
product was food in package form and the quantity of the contents was not 
plainly and conspicuously marked on the outside of the package, since the 
statement made was incorrect.
On November 28, 1932, the Gerhart Grocery Co., Sherman, Tex., having 
appeared as claimant for the property, judgment of condemnation was entered 
and it was ordered by the court that the product be released to the said claim- 
ant upon payment of costs and the execution of a bond in the sum of $200, 
conditioned that it be relabeled with the exact and correct weight and the 
further condition that it should not be sold or disposed of contrary to the 
Federal Food and Drugs Act and all other laws.
R. G. TUG WELL, Acting Secretary of Agriculture.