16531. Misbranding of canned cherries.   U. S. v. 187 Cases   *   *   *.   (F. D. C.
No. 28420.   Sample No. 43308-K.)
LIBEL FILED :    January 9, 1950, Northern District of Illinois.
ALLEGED SHIPMENT: On or about July 12, 1949, by the Coloma Cooperative 
Canning Co., from Coloma, Mich.
PRODUCT: 187 cases, each containing 6 6-pound, 9-ounce cans, of cherries at 
Chicago, Ill.
LABEL IN PART: "Great Lakes Red Tart Pitted Cherries In Water Packed 
By Farm Bureau Fruit Products Co., Lansing, Mich."
NATURE OF CHARGE : Misbranding, Section 403 (h) (2), the product fell below the 
standard of fill of container for canned cherries since there wasnot present in 
the container the maximum quantity of the optional cherry ingredient which
•See also No. 16501.
can be sealed in the container and processed by heat to prevent spoilage, with- 
out crushing the ingredient, and its label failed to bear a statement that the 
product fell below the standard.
DISPOSITION: October 2, 1950. The Chicago Bakers' Cooperative Assn, of 
Chicago, Ill., claimant, having consented to the entry of a decree, judgment of 
condemnation was entered and the court ordered that the product be released 
under bond, to be relabeled under the supervision of the Food and Drug 
Administration.
FROZEN FRUIT