3957. Misbranding of  canned  cherries.    U.  S. v.  48  Cases  of Canned Cherries.
Default decree  of condemnation  and destruction.     (F.  D.  C.   No.  7591. 
Sample No. 78043-E.)
On June 1,1942, the United States attorney for the Western District of Penn- 
sylvania filed a libel against 48 cases of canned cherries at Erie, Pa., alleging 
that the article had been shipped in interstate commerce on or about May 6,1942, 
by the Gervas Canning Co., from Fredonia, N. Y.; aind charging that it was mis- 
branded. The article was labeled in part: (Cans) "Gervas Brand Red Sour 
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 because more than one pit was 
present in 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 August 26, 1942, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.