3093. Misbranding of canned cherries.     IT.  S.  v.  191  Cases  and 170 Cases  of
Canned Cherries.   Consent decrees of condemnation.   Product ordered re- 
'"      leased under bond for relabeling-.     (F. D. C. Nos. 6816, 6819.    Sample Nos. 
87504-E, 87711-B.)
Examination showed that this product was not of Fancy quality as labeled, 
that there was excessive headspace in the cans, and that portions were so.rt 
of the declared weight. 
? '  ?     "
On February 5, 1942, the United States attorneys for the District of Columbia 
and the District of Marshland filed libels against 191 cases of canned cherries 
at Washington, D. C, and 170 cases of canned cherries at Frederick, Md., 
alleging that the article had been shipped in interstate commerce on or about 
July 15, 1941, and January 5 and 7, 1942, by the C H. Musselman Co. from 
Biglerville, Pa.; and charging that it was misbranded.. It was labeled in part: 
"Contents 1  Pound Musselman's  Red; Sour  Pitted   Cherries  Fancy  Quality."
The article was. alleged to be misbranded in that the statement "Faricy 
Quality" was false and misleading as applied to an article, that was hot Faricy 
because of too many spotted and blemished cherries; in that it purported to be 
a food for which a standard of fill of container had been prescribed by regula- 
tions 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 arid form as 
the regulations specify, a statement that it fell below such standard. Portions 
of the article were alleged to be misbranded further in that the statement 
"Contents 1 Pound" was false and misleading as applied to an article that was. 
short weight; and in that it was in package form and failed to bear a label 
containing an accurate statement of the quantity of the contents. .
On March 16 and 20, 1942, the C. H. Musselman Co., Biglerville, Pa., claimant, 
having admitted the allegations of the libels, judgments of condemnation, were 
entered and the product was ordered released under, bond conditioned that, it 
be relabeled under the supervision of the Food and Drug Administration.