20821. Misbranding of canned cherries.   U. S. v. 149 Cases * * *.   (F. D. C. No.
35626.   Sample No. 76061-L.) 
LIBEL FILED :    September 16, 1953, Southern District, of New York.
ALLEGED SHIPMENT:   On or about August 4, 1953, by Starr Foods, Inc., from
Salem, Oreg. 
PRODUCT:    149 cases, each containing 48 cans, of cherries at New York, N. Y.
LABEL, IN PART: (Can) "Sherman's Arcadia Brand Net Wt. 8 Oz. Avd. 
Dark Sweet Cherries Packed In Water No Sugar Or Salt Added * * * 
Dietetic Pack."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the quality of the 
article fell below the standard of quality for canned cherries since more than 
15 percent by count of the cherries in the cans were blemished with skin dis- 
coloration and the label failed to bear a statement that the article fell below 
such standard.
DISPOSITION: November 30, 1953. Sherman Foods, Inc., New York, N. Y., 
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 
for relabeling under the supervision of the Department of Health, Education, 
and Welfare.
DRIED FRUIT