2438. Adulteration  and misbranding of frozen cherries.     U.  S. v.  122  Cans of
Cold Pack Cherries. Consent decree of condemnation. Product ordered 
released under bond for reconditioning1. (F. D. C. No. 5345. Sample No. 
47490-E.)    ;
Examination showed that this product had a pronounced phenolic odor and the 
top layer of cherries and undissolved sugar on the surface had a phenolic taste. 
Furthermore, the label did not declare the presence of sugar in the product.
On or about August 19, 1941, the United States attorney for the Northern Dis- 
trict of Illinois filed a libel against 122 cans of cold pack cherries at Chicago, Ill., 
alleging that the article had been shipped on or about July 10, 1941, by M. W. 
Miller & Co. from Sturgeon Bay, Wis.; and charging that it was adulterated and 
misbranded. It was labeled in part: "All Star Brand Cherries Red Tart Pitted 
30 Lbs. Net When Packed."
The article was alleged to be adulterated in that it was unfit for food, and in 
that sugar had been substituted wholly or in part for cherries.
It was alleged to be misbranded in that it was fabricated from two or more 
ingredients and its label failed to bear the common or usual name of each 
ingredient.
On September 8,1941, M. W. Miller & Co., claimant, having admitted the allega- 
tions of the libel, judgment of condemnation was entered and the product was 
ordered released'under bond for reconditioning under the supervision of the Food 
and Drug Administration. In the process of reconditioning the unfit portion 
was removed from each can and destroyed and the remainder was freed from 
the phenolic odor.