5710. Misbranding of canned cherries.   U. S. v. 34 pases of Canned Cherries (and
3 other seizure actions against canned cherries). Decree of condemna- 
tion entered against 1 lot, and orders entered -with respect to all lots 
releasing the product under bond for relabeling. (F. D. C. Nos. 10747, 
10748, 10962, 11728. Sample Nos. 16089-F, 16091-F to 16093-F, Incl., 36696-F, 
42877-F.)
, On September 18 and October 20, 1943, and January 28, 1944, the United 
States attorney for the District of Idaho filed libels against the following quan- 
tities of canned cherries: 527 cases at Twin Falls, Idaho, 21S cases at Boise, 
Idaho, and 104 cases at Pocatello, Idaho, alleging that the article had been 
shipped in interstate commerce within the period from on or about August 7 to 
20, 1943, by the Perry Canning Co. from Perry, Utah; and charging that it was 
misbranded. It was labeled in part: (Cans) "Nation's Garden Brand * * * 
Red Sour Pitted Cherries. Packed for Fine Foods, Inc., Seattle Minneapolis," 
"Gateway Brand Sour Pitted Red Cherries," or "Mountain Made Sour Pitted 
Red Cherries.""
The article was alleged to be misbranded in that it purported to be and was 
represented as canned cherries (red sour pitted), a food for which a standard 
of quality has been prescribed by regulations promulgated pursuant to law, 
but its quality fell below the standard since more than 1 pit was present in 
each 20 ounces of the article, as determined by the method prescribed in the 
regulations, and its label failed to bear, in such manner and form as the regu- 
lation specify, a statement that it fell below the standard; and (34 cases and 
293 cases) in that it purported to be and was represented as a food for 
which a standard of fill of container has been prescribed by the regulations, 
but it fell below the standard since there was not present in the container the 
maximum quantity of the cherry ingredient which could be sealed in the con- 
tainer  and processed by  heat to  prevent  spoilage,   without  crushing such
ingredient, and its label failed to bear, in such manner and form as such 
regulations specify, a statement that it fell below the standard.
On October 1 and November 8, 1943, the Perry Canning Co. having appeared 
as claimant for the lots at Twin Falls and Boise, and the libel proceedings 
against the lots at Twin Falls having been consolidated; orders were entered 
releasing the product under bond for sorting, repacking, and relabeling. On 
February 14, 1944, the Perry Canning Co., claimant, having admitted the allega- 
tions of the libel against the lot at Pocatello, judgment of condemnation was 
entered and the product was ordered released under bond to be relabeled in 
conformance with the law.