19874. Misbranding of canned cherries.   U. S. v. 98 Cases   *    *    *.    (F. D. C.
No. 33906.    Sample No. 40840-L.)
LIBEL FILED :    October 1, 1952, Southern District of New York.
ALLEGED SHIPMENT : On or about September 1, 1952, by Seuf ert Bros. Co., from 
The Dalles, Oreg.
PRODUCT: 98 cases, each containing 6 6-pound, 11-ounce cans, of cherries at 
New York, N. Y.
LABEL IN PART: (Can) "Regal Silver Banner Light Sweet Pitted Royal 
Anne   Cherries."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the product fell below 
the standard of quality for canned pitted cherries since it contained an ex- 
cessive number of pits and the label failed to bear a statement that the prod- 
uct fell below the standard.
DISPOSITION : December 12, 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 Food and Drug Administration.