24242. Adulteration and misbrandlngr of Cberri-Berri.    TJ.  S. v. Vinelands
Products Co.     Plea of guilty.     Fine, $10.     (F. & D. no. 33832.    Sample 
no. 58741-A.)
This case was based on an interstate shipment of a product known as " Cherri- 
Berri" which consisted of grapes artificially flavored and colored in imitation 
of maraschino cherries, and which contained undeclared added sodium benzoate.
On November 22, 1934, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against the Vinelands Products Co., a corporation, Vine- 
land, N. J., alleging shipment by said company in violation of the Food and 
Drugs Act, on or about January 17, 1934, from the State of New Jersey into 
the State of Pennsylvania, of a quantity of Cherri-Berri which was adulterated 
and misbranded. The article was labeled in part: "Large Cherri-Berri For 
Dipping Brandle & Smith Co. 5th & Bristol St Phila. Pa."
The article was alleged to be adulterated in that grapes artificially flavored 
and colored in imitation of maraschino cherries and containing undeclared 
added sodium benzoate, had been substituted for maraschino cherries, which 
the article purported to be.
Misbranding was alleged for the reason that the statement, " Large Carrie- 
rs For Dipping ", borne on the label, was false and misleading, and for the 
further reason that the article was labeled so as to deceive and mislead the 
purchaser, since the said statement represented that the article was large 
maraschino cherries used for dipping in chocolate to produce chocolate-covered 
cherries; whereas it was not as so represented but consisted of grapes arti- 
ficially flavored and colored in imitation of maraschino cherries, and contained 
undeclared added sodium benzoate. Misbranding was alleged for the further 
reason that the article was an imitation of another article, namely, maraschino 
cherries, and for the further reason that it was offered for sale under the dis- 
tinctive name of another article.
On January 11, 1935, a plea of guilty was entered on behalf of the defendant 
company and the court imposed a fine of $10.
M. L. WILSON, Acting Secretary of Agriculture.