3089. Misbranding of canned  eberries.     XT.  S.'v. 37 Cases  of  Canned Cnerries.
Default decree of condemnation.    Product ordered released under bond 
for relabeling.    (F. D: C. No. 6342.   Sample No. 81401-JS.)
This product was substandard because of the presence of excessive pits.
On December 3, 1941, the United States attorney for the District of Nebraska, 
filed a libel against 37 cases of canned cherries at North Platte, Nebr., alleging 
that the article had been shipped in interstate commerce on or about September 
9, 1941, by Loveland Canning Co. from Loveland, Colo.; and charging that it 
was misbranded. It was labeled in part: "Loveland Brand Water Pack Red 
Tart 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 since more than 1 pit was present 
in each 20 ounces of cherries, namely,, an average of 2.16 pits per 20 ounces; 
and its label did not bear in such manner and form as specified by the regulations 
a statement that it fell below such standard, j
On January 27, 1942, Loveland.Canning Co., claimant, having failed to answer 
the allegations of the libel but having applied for redelivery of the product, 
and the court having found that the allegations. of the libel were true and that 
the product should be condemned, it was ordered released under bond for re- 
labeling'in compliance with the law.