20468. Misbranding of canned cherries,   U. S. v. 240 Cases * * *.   (F. D. C. No.
35332.   Sample No. 41056-L.) 
LIBEL FILED :   June 24,1953, District of Montana. 
ALLEGED SHIPMENT :    On or about December 3, 1952, by Varney Canning, Inc.,
from Roy, Utah. 
PRODUCT:   240 cases, each containing 24   1-pound, 3-ounce cans, of cherries at
Great Falls, Mont.
LABEL IN PART: (Can) "Leota Brand Red Sour Pitted Cherries Packed in 
Water."
NATURE OF CHARGE : Misbranding, Section 403 (h) (1), the quality of the article 
fell below the standard of quality for pitted canned cherries because of an 
excessive number of pits and because an excessive number of cherries were 
blemished with skin discoloration, and the label failed to bear a statement 
that the article fell below the standard.
DISPOSITION : September 8, 1953. Varney Canning, Inc., claimant, having con- 
sented to the entry of a decree, judgment of condemnation was entered and 
the court ordered that the product be released under bond for relabeling under 
the supervision of the Department of Health, Education, and Welfare.
JAMS, JELLIES, AND PRESERVES