14614. Misbranding of canned cherries.   U. S. v. 49 Cases    *    *    *.    (F. D. C.
No. 25556.   Sample No. 36524-K.) 
LIBEL FILED:   October 12, 1948, Eastern District of Pennsylvania;  amended
December 17, 1948. 
ALLEGED SHIPMENT:    On or about August 6, 1948, by the Starr Fruit Products
Co., from Portland, Oreg. 
PRODUCT:   49 cases, each containing 24   1-pound, 13-ounce cans, of cherries at
Philadelphia, Pa. 
LABEL IN PART:    "Park Farm Brand (Pitted) Dark Sweet Cherries in Heavy
Syrup   Fancy Grade"  and "Park  Farm Brand   Light Sweet Royal  Anne
Cherries   Fancy Grade."
NATURE OF CHARGE: Misbranding, Section 403 (a), the label statement "Fancy 
Grade" was false and misleading as applied to the product, which was not of 
fancy grade because of defects; and the label statement "Light Sweet Royal 
Anne Cherries," which appeared on some of the can labels, was false and mis- 
leading as applied to the product, which consisted of pitted dark sweet cherries. 
Further misbranding, Section 403 (g) (2), the article purported to be and 
was represented as canned cherries, a food for which a definition and standard 
of identity had been prescribed by regulation, and the label on some cans failed 
to bear the name of the food specified in the standard since the cans were
labeled "Light Sweet Royal Anne Cherries," whereas the cans contained pitted 
dark sweet cherries. 
DISPOSITION : January 4, 1949. The Starr Fruit Products Co., claimant, having 
consented to the entry of a decree, judgment of condemnation was entered 
and the product was ordered released under bond for relabeling under the 
supervision of the Federal Security Agency.