14214. Adulteration of canned cherries.   U. S. v. 42 Cases    *    *    *.    (F. D. C.
No. 26425.    Sample No. 36581-K.)
LIBEL FILED :    February 15, 1948, Eastern District of Pennsylvania.
ALLEGED SHIPMENT: On or about December 28, 1948, by the Eug°ne Fruit 
Growers Assoc, from Portland, Oreg.
PRODUCT: 42 cases, each containing 6 6-pound, 9-ounce cans, of cherries at 
Philadelphia, Pa.
LABEL IN PART :    "Wilamet Brand   Dark Sweet Pitted Cherries."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in 
whole or in part of a decomposed substance by reason of the presence of de- 
composed cherries.
Misbranding, Section 403 (h) (1), the quality of the article fell below 
the standard of quality for canned cherries since more than 15 percent by count 
of cherries in the container of the article were blemished with scab or other 
abnormalities, and its label failed to bear a statement that it fell below such 
standard.
DISPOSITION :   March 22, 1949.   Default decree of condemnation and destruction.