17471. Misbranding of canned cherries.   U. S. v. 24 Cases   *   *   *.   (F. D. 0.
No. 30783.   Sample No. 28875-L.)
LIBEL FILED :   February 28, 1951, Eastern District of New York.
ALLEGED SHIPMENT: On or about January 8, 1951, by Star Foods, Inc., from 
Salem, Oreg.
PRODUCT:   24 «ft§es, each containing 48   10 ounce cans, of cherries at Brook- 
lyn, N. Y. 
LABEL IN PART:    (Can)  "Bed Tart Pitted Cherries In Light Syrup   *   *    * 
" Syrup Pack   *    *   *      O. F. P. Brand   *    *    *   Packed By Oregon Fruit 
Products Co.   Salem, Oregon."
NATURE OF CHARGE: Misbranding, Section 403 (a), the label statement "Syrup 
Pack" was false and misleading as applied to a product which was packed in 
slightly sweetened water.
Further misbranding, Section 403 (g) (2), the product purported to be and 
was represented as canned cherries; and its label failed to bear, as specified by 
the regulations, the name of the optional packing medium present since the 
label represented the packing medium to be light sirup, whereas the product 
was packed in a packing medium designated as "Slightly Sweetened Water" 
in such definition and standard.
DISPOSITION : May 2, 1951. Default decree of condemnation and destruction. 
The decree was amended May 10,1951, directing that the product be delivered 
to charitable institutions.