7136. Adulteration and misbranding of frozen cherries.    U. S. v. E. J. Nugent.
&   Sons.    Plea  of  nolo   contendere.    Fine,  $300.    (F.  D.   C.   No.   12519. 
Sample Nos. 13979-F, 39632-F.)
cherries had been substituted in whole or in part for pitted cherries, which the 
product purported and was represented to be; and, Section 402 (a) (3), (portion) 
it consisted in whole or in part of a decomposed substance, rotten, moldy 
and fermenting cherries.
Misbranding, Section 403 (b), the product consisted of partially pitted cher- 
ries and was offered for sale under the name of another food.
DISPOSITION: August 28, 1944. A plea of nolo contendere having been entered, 
the defendant was fined $100 on each of counts 1 and 3, involving the adultera- 
tion charges, and $50 on each of counts 2 and 4, involving the misbranding 
charge, a total fine of $300.