4183. Misbranding of canned cherries.    U. S. v. 61 Cases of Canned Cherries.
Consent decree of condemnation.    Product ordered released under bond 
for relabeling.    (F. D. C. No. 8353.   Sample No. 21243-F.)
On September 17, 1942, the United States attorney for the Western District 
of Pennsylvania filed a libel against 61 cases, each case containing 24 cans, of
cherries at Bradford, Pa., alleging that the article had been shipped in interstate 
commerce on or about August 19, 1942, by the Brocton Preserving Co., Inc., from 
Brocton, N. Y.; and charging that it was misbranded. The article was labeled 
in part: (Cans) "Chautauqua Lake Brand Red Pitted Cherries."
The article was alleged to be misbranded in that it purported to be and was 
represented as a food for which a definition and standard of identity had been 
prescribed by regulations promulgated pursuant to law and its label failed to bear 
the name of the food specified in such definition and standard, as amended; 
namely, "Red Sour" or "Red Tart." The article was alleged to be misbranded 
further in that it purported to be and was represented as a food for which a 
standard of quality had been prescribed by regulations promulgated pursuant 
to law arid its quality fell below such standard since more than 1 pit was present 
in each 20 ounces of canned cherries, and its label failed to bear, in such manner 
and form as the regulations specify, a statement that it fell below such standard:
Oh October 15,1942, the Brocton Preserving Co., Inc., claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree, judgment 
of condemnation was entered and the product was ordered released under bond 
for relabeling under the supervision of the Food and Drug Administration.