2729. Misbranding of canned cherries.     II.  S. v.  99 Cases  of  Canned  Cherries.
Consent decree of condemnation.    Product ordered released under bond 
to be relabeled.     (F. D. C. No. 5346.    Sample No. 60476-E.)
Examination showed that this product failed to conform to the standard of 
quality for canned cherries because of the presence of more than 1 pit per 
each 20 ounces of cherries, and more than 15 percent of the cherries in the 
container were blemished. The product also fell below the standard of fill of 
container.
On August 12, 1941, the United States, attorney for the Northern District of 
California filed a libel against 99 cases, each containing 6 No. 10 cans, of 
cherries at San Francisco, Calif., alleging that the article had been shipped in 
interstate commerce on or about July 29, 1941, by Seufert Bros. Packing Co. from 
The Dalles, Oreg.; and charging that it was misbranded. It was labeled in 
part: (Cans) "Klondike Brand Red Sour Pitted Cherries'in Water."
The article was alleged to be
' misbranded (.1) in that it purported to be a 
food for which a standard of quality had been prescribed by regulations as pro- 
vided by law, but its quality fell below such standard and its label failed to 
bear, in such manner and form as the regulations specify, a statement that it 
fell below such standard; and (2) in that it purported to be a food for which 
a standard of fill of container had been prescribed by regulations as provided 
by law, but it fell below the standard of fill of container applicable thereto and 
its label failed to bear, in such manner and form as the regulations specify, a 
statement that it fell below such standard.
On September 23, 1941, Seufert Bros. Co., claimant, having admitted the 
allegations of the libel, judgment of condemnation was entered and the product 
was ordered released under bond to be relabeled under the supervision of the Food 
and Drug Administration. j 
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