3308. Misbranding of canned cherries.    U. S. v. 121 Cases of Canned Cherries.
Consent decree of condemnation. Product ordered released under bond 
to be relabeled.   (F. D. C. No. 5827. Sample No. 61542-E.)
On October 2, 1941, the United States attorney for the Eastern District of 
Virginia filed a libel against 121 cases, each containing 6 No. 10 cans, of cher- 
ries at Norfolk, Va., alleging that the article had been shipped' on or about Sep- 
tember 2,1941, by Washington Packers, Inc., from Sumner, Wash.; and charging 
that it was misbranded. It was labeled in part: (Cans) " Inavale Brand * * * 
Pitted Water Pack Royal Anne 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 and its label did not bear in such 
manner and form as the regulations specify, a statement that it fell below such 
standard.
On November 14, 1941, Barrow-Penn & Co., Roanoke, Va., 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.