2443. Misbranding of canned enerries.    TJ. S. v. Grocery Distributors, Inc., and
Fred R. Pacella and Woodrow W. Wolf.     Pleas of guilty.     Fines, $220.
(F. D. C. No. 4157.    Sample Nos. 27401-E to 27405-E, incl.)
This produet, consisting of partially pitted cherries, when introduced into in- 
terstate commerce bore on its label the substandard legend required by law, but 
subsequently was unlawfully relabeled by the consignee as standard cherries.
On September 17, 1941, the United States attorney for the Southern District 
of Ohio filed an information against the above-named defendants, alleging that 
within the period from on or about February 27 to on or about April 5, 1939, the 
Lockport Canning Co. shipped from Lockport, N. Y., to Grocery Distributors, 
Inc., Dayton, Ohio, a quantity of canned cherries that were labeled in part: 
"Below U. S. Standard Good Food—Not High Grade Partially Pitted Red Sour 
Cherries." The information alleged further that within the period from on .or 
about April 11 to on or about April 20, 1940, and while the article was held for 
sale after shipment in interstate commerce, Grocery Distributors, Inc., and Fred 
R. Pacella and Woodrow W. Wolf unlawfully removed the labels: from a number 
of cans of the article and unlawfully relabeled them by affixing and causing to 
be affixed thereto a label bearing the following statements and design:   "[De-
sign showing cherries, leaves, and dish containing piece of cherry pies Dru Valu 
Brand Contents 1 Lb. 4 Oz. Pitted Red Sour Cherries in Water Packed for 
Lueh'us Brand Distributors, Inc, * * * Chicago Ill. The information 
charged that the article when so relabeled was misbranded in that it purported 
or was represented to be canned pitted cherries, a food for which a standard of 
quality ;had been prescribed by regulations as provided by law, but its quality 
fell below such standard since there was present more than 1 pit to 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.
On October 3, 1941, the defendants having entered pleas of guilty, the court 
imposed a fine of $200 on the corporation and a fine of $10 upon each of the in- 
dividual defendants.