6321. Adulteration and misbranding of frozen cherries.    U.  S. v. 1,665 Cartons
of Cherries.    Decree ordering product released under bond.     (F. D.  C.
No. 10733.   Sample No. 13979-F.)
LIBEL FILED :    September 10, 194*3, Southern District of California. 
ALLEGED SHIPMENT :   On or about August 19, 1943, by F. J. Nugent & Son, from 
Loveland, Colo.
PRODUCT: 1,665 cartons, each containing 30 pounds, of frozen cherries at Los 
Angeles, Calif.
Examination showed that the product was decomposed. It contained pits 
in excess of the number which can be regarded as unavoidable. Under good 
commercial practice, pits can be kept down to 1 pit per 20 ounces, or less.
LABEL IN PART:    (Some cartons) "RSP Cherries."
VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the article consisted 
in whole or in part of a decomposed substance; and Section 402 (b) (2), 
partially pitted cherries had been substituted in whole or in part for pitted 
cherries, which the article purported or was represented to be.
Misbranding (portion of the article), Section 403 (a), the statement on the 
labeling, "RSP Cherries" (meaning red sour pitted cherries), was false and 
misleading as applied to partially pitted cherries.
DISPOSITION : October 8, 1943. F. J. Nugent & Son, claimant, having admitted 
the allegations of the libel, judgment was entered ordering that the product be 
released under bond to be brought into compliance with the law, under the 
supervision of the Food and Drug Administration. The product was- subse- 
quently converted into brandy.