19233. Misbranding of canned cherries.   U. S. v. 71 Cases * * *.   (F. D. C. No.
33683.   Sample No. 29346-L.)
LIBEL FILED :    September 22,1952, Eastern District of Washington.
ALLEGED SHIPMENT : On or about July 16,1952, by Seiter's, Inc., from Post Falls, 
Idaho.
PRODUCT:   71 cases, each containing 24 cans, of cherries at Spokane, Wash.
LABEL, IN PART: "State Flower Brand Net Weight 1 Lb. 3 Oz. Pitted Red 
Sour Cherries In Water."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the product fell below 
the standard of quality for canned cherries since more than 15 percent of 
the cherries in the container were blemished with skin discoloration and its 
label failed to bear, as required by the standard, a statement that it fell below 
the standard.
DISPOSITION : November 28, 1952. The shipper, 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 Federal Security Agency.