1964. Misbranding of  canned  eherries.     V.   S.  v. 35  Cases  of  Canned  Cherries.
Default decree of condemnation and destruction.    (F. D. C. No. 4550.    Sam- 
ple No. 43262-B.)
On May 7, 1941, the United States attorney for the District of Nebraska filed 
a libel against 35 cases, each containing 24 No. 2 cans, of cherries at North 
Platte, Nebr., alleging that the article had been shipped in interstate commerce 
on or about March 26, 1941, by Nash-Finch Co. from Denver, Colo.; and charg- 
ing that it was misbranded. It was labeled in part: "Loveland Brand Water 
Pack Colorado Tart Red 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 because of the presence of 
more than 1 pit in each 20 ounces of canned cherries, and its label did not bear 
in such manner and form as the regulations specify, a statement that it fell 
below such standard.
Oh June 27, 1941, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.