4182. Misbranding of canned cherries.    U. S. v. 121 Cases of Canned Cherries.
Default decree of condemnation.    Product ordered delivered to a chari- 
table institution.    (F. D. C. No. 7804.   Sample No. 88181-E.)
On June 29,1942, the United States attorney for the Northern District of Texas 
filed a libel against 121 cases, each case containing 6 cans, of cherries at Dalhart, 
Tex., alleging that the article had been shipped in interstate commerce on or about 
February 10, 1942, by Ray A. Ricketts Co. from Canon City, Colo.; and charging 
that it was misbranded. The article was labeled in part: (Cans) "San Luis Red 
Sour Pitted Cherries   Water Pack   Contents @ Lbs. 9 Ozs."
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 and its quality fell below such standard, since more than 1 pit was present 
in each 20 ounces of canned cherries, namely, 1.24 pits per 20 ounces average, and 
its label did not bear, in such manner and form as such regulations specify, a 
statement that it fell below such standard.
On October 12, 1942, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed. On October 23, 1942, an 
amendment to the decree was filed ordering the product delivered to a charitable 
institution. 
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