21663. Misbranding of canned cherries.    IT. S. v. 60 Cases of Canned Cher¬
ries. Default decree of condemnation and forfeiture. Product 
delivered to a charitable institution. (F. & D. no. 30642. Sample no. 
42059-A.)
This action involved an interstate shipment of canned cherries in which the 
sugar solution of the liquid portion was below the standard established by this 
Department and which was not labeled to indicate that it was substandard.
On June 27, 1933, the United States attorney for the District of Colorado, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 60 cases of canned cherries at 
Denver, Colo., consigned by the Colorado Brokerage Co., alleging that the 
article had been shipped in interstate commerce on or about March 30, 1933, 
from Ogden, Utah, and charging misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: " Golden B Brand Pitted 
Royal Anne Cherries. Packed by Brigham City Canning Co., Brigham City, 
Utah."
It was alleged in the libel that the article was misbranded in that it fell 
below the standard of quality and condition promulgated by the Secretary of 
Agriculture for such canned food, because its liquid portion read below 16 
degrees Brix, and its package or label did not bear a plain and conspicuous 
statement prescribed by regulation of this Department indicating that it fell 
below such standard.
On November 3, 1933. no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be delivered to a charitable institution.
M. L. WILSON, Acting Secretary of Agriculture.