14217. Misbranding of canned cherries.   U. S. v. 18 Cases    *   *    *.    (F. D. C.
No. 26012.    Sample No. 36533-K.)
LIBEL FILED :   November 12,1948, Southern District of New York.
ALLEGED SHIPMENT : On or about August 11,1948, by the Western Oregon Pact 
in Corp., Corvallis, Oreg.
PRODUCT:   18 cases, each containing 24 cans, of cherries at New York, N. Y. 
"LABEL IN PART :    "Heart of the Valley Brand   Light Sweet Royal Anne Cherries 
In Heavy Syrup   Net Weight 1 Lb. 4 Oz."
NATURE OF CHARGE: Misbranding, Section 403 (e) (2), the product failed to 
bear a label containing an accurate statement of the quantity of the contents 
since the cans contained less than the labeled amount, "Net Weight 1 Lb. 4 Oz,"' 
and, Section 403 (g) (2), the product purported to be and was represented as 
canned cherries, a food for which a definition and standard of identity has been. 
prescribed by the regulations, and its label failed to bear as required by the 
regulations the name of the optional packing medium present since the label 
bore the statement "In Heavy Syrup," whereas the product was packed in water,
DISPOSITION : December 8,1948. Default decree of condemnation. The product 
was ordered delivered to a charitable institution.