15123. Misbranding of canned cherries.   U. S. v. 44 Cases   *    *    *.    (F. D. C.
No. 27155.    Sample Nos. 2795-K, 2797-K.)
LIBEL FILED :   April 21, 1949, District of Columbia.
ALLEGED SHIPMENT : On or about March 2, 1949, by the Fruitcrest Corp., from 
Brooklyn, N. Y.
PRODUCT:   44 cases, each containing 6   6-pound, 8-ounce cans, of cherries at
Washington, D. C. 
LABEL IN PART:    "Robin Brand   Light Sweet   Royal Anne Cherries." 
NATURE OF CHARGE:    Misbranding, Section 403 (g)  (2), the product was repre- 
sented to be canned cherries, a food for which a definition and standard 
of identity has been prescribed by the regulations and its label failed to bear
870350—50 2
the product fell below the standard of quality for canned cherries since the 
weight of the largest cherry in the container was more than twice the weight 
of the smallest cherry, and its label failed to bear the substandard legend. 
DISPOSITION : June 16, 1949. The Fruiter est Corp., claimant, having consented 
to the entry of a decree, judgment of condemnation was entered, ordering the 
product released under bond to be relabeled under the supervision of the Food 
and Drug Administration. On September 30, 1949, an amended decree was 
entered with the consent of the parties, ordering that the product be delivered 
to a local hospital for its use and not for sale.