14025. Misbranding of canned cherries.  U. S. v. Escalon Packers, Inc., Edward I.
Colombo, and Christopher P. Colombo.   Pleas of guilty.   Fine of $100 
against corporation and $50 against each individual.    (F. D. C. No
24814.   Sample Nos. 64455-H, 84566-H.)
INFORMATION FILED: July 12, 1948, Northern District of California, against 
Escalon Packers, Inc., Escalon, Calif., and Edward I. Colombo and Christopher 
P. Colombo, president and vice president, respectively, of the corporation.
ALLEGED SHIPMENT:    On or about July 16, 1946, from the State of California
into the State of New York. 
LABEL IN PART:    '"Dora Dark Seconds Sweet Cherries In Light Syrup."
NATURE or CHARGE: Misbranding. Section 403 (a), the label statement "in 
Light Syrup" was false and misleading since the statement represented and 
suggested that the article was packed in a sirup designated as light sirup in the 
regulations establishing a definition and standard of identity for canned cher- 
ries, whereas the article was packed in a sirup designated as "Slightly 
Sweetened Water" in such standard and definition; Section 403 (g) (2), the 
article failed to conform to the definition and standard of identity for canned 
cherries since it failed to bear the name of the optional packing medium 
present in the article; and, Section 403 (h) (1), it fell below the standard 
of quality for canned unpitted cherries, and its label failed to bear a statement 
that it fell below such standard. (The standard of quality provides that the 
weight of each cherry in the container is not less than 1/10 ounce, whereas 
a large proportion of the cherries in this product weighed less than l io 
ounce.)
DISPOSITION : August 23, 1948. Pleas of guilty having been entered, the court 
imposed a fine of $100 against the corporation and $50 against each individual.