6506. Misbranding of canned cherries.   V. S. v. 324 Cases and 147 Cases of Canned
Cherries.    Consent decree of condemnation.    Product ordered released 
under bond.   .(F. D. C. Nos. 11578, 11729.    Sample Nos. 55316-F, 64936-F.)
LIBELS FILED : On or about January 11 and February 3, 1944, District of Idaho 
and Western District of Washington.
ALLEGED SHIPMENT : On or about October 12 and December 3,1943, by the Royal 
Canning Corporation, from Ogden, Utah.
PRODUCT: 324 cases at Tacoma, Wash., and 147 cases, at Boise, Idaho, each case 
containing 24   1-pound, 13-ounce cans of cherries.
•See also Nos. 6404, 6405, 6414, and 6587.
purported to be and was represented as pitted canned cherries, a food for which 
a standard of quality has been prescribed by regulations, but its quality fell 
below the standard since more than 1 pit was present to each 20 ounces of the 
article, and its label failed to bear, as the regulations specify, a statement that 
it fell below the standard; (Boise lot) Section 403 (g) (2), the article pur- 
ported to be and was represented as canned cherries, a food for which a defini- 
tion and standard of identity has been prescribed by regulations, but its label 
failed to bear the name of the optional packing medium, since the article was 
labeled as being packed "in Medium Syrup," whereas a portion was packed in 
heavy sirup and the remainder in extra heavy sirup; Section 403 (a), the 
statement "Light Sweet * * * Cherries," which appeared on the label of 
the article, was false and misleading as applied to a portion of the product, 
which contained dark sweet cherries; and (Tacoma lot) the statement "Pitted 
Cherries" was false and misleading as applied to the portion of the product 
which was ^unpitted.
DISPOSITION : April 12 and 28,1944. The Royal Canning Corporation, claimant, 
having consented to the entry of a decree, judgments of condemnation were 
entered and the product was ordered released under bond to be relabeled under 
the supervision of the Food and Drug Administration.