1608. Misbranding of canned  cherries.     U. S. v. 50 Cases of Canned Cherries.
Default decree of condemnation.     Product ordered distributed to chari- 
table institutions.    (F. D. C. No. 3597.    Sample No. 44506-E.)
On December 28,1940, the United States attorney for the District of New Mexico 
filed a libel against 50 cases of canned cherries at Albuquerque, N. Mex., alleging 
that the article had been shipped in interstate commerce on or about October 
2,1940, by the Geo. W. Goddard Co. from Ogden, Utah; and charging that it was 
misbranded. It was labeled in part: "Utah Fawn Brand Red Sour Pitted 
Cherries."
The article was alleged to be misbranded in that it purported to be a food for 
which a standard of quality had been prescribed by regulations as provided by 
law but its quality fell below such standard, and its label did not bear in such 
manner and form as the regulations specify, a statement that it fell below such 
standard.
On January 28, 1941, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be distributed to charitable 
institutions.