1459. Misbranding of pitted sour cherries.    U.  S. v. 174 Cans of Pitted Sour
Cherries. Default decree of condemnation. Product ordered delivered 
to a charitable Institution. (F. D. C. No. 3065. Sample Nos. 27401-E, 
27402-B, 27403-B.)
This product contained excessive pits. It had been shipped in interstate com- 
merce as substandard cherries but had been relabeled after such shipment as 
standard cherries.
On September 23, 1940, the United States attorney for the Southern District 
of Ohio filed a libel against 174 cans of pitted sour cherries at Dayton, Ohio, 
alleging that the article had been shipped in interstate commerce on or about 
February 27 and April 5, 1939, by H. C. Hemingway & Co. from Lockport, 
N. Y.; and charging that it was misbranded. The article had been shipped by 
the Lockport Canning Co. in the name of H. C. Hemingway & Co. When so 
shipped it was labeled in part: "Below U. S. Standard Good Food—Not High 
Grade g Partially Pitted." When examined by this Agency, this label had been 
removed and new labels had been affixed to the cans reading in part: "Tru 
Vajn£ Pitted Bed Sour Cherries * * * Packed for Lush'us Brand Distrib- 
utors, Inc."
The article was alleged to be misbranded in that its quality fell below the 
standard prescribed by regulations provided by law, and its package or label 
did not bear a plain and conspicuous statement as prescribed by such regulations 
indicating that it fell below such standard.
Cts October 31, 1940, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered to a charitable institution.