1611. Misbranding of canned cherries.    U. S. v. 37 Cases of Canned. Cherries.
Consent decree entered.    Product ordered released under bond for re- 
labeling.    (F. D. C. No. 3500.    Sample No. 52523-B.)
On December 11, 1940, the United States attorney for the District of Idaho 
filed a libel against 37 cases of canned cherries at Wallace, Idaho, alleging that the 
article had been shipped in interstate commerce on or about October 28 and 
November 18, 1940, by the Roundup Grocery Co. from Spokane, Wash.; and 
charging that it was misbranded. The article was labeled in part: (Cans) "Falls 
Brand Red Water Pack Pitted Sour Cherries."
The article was alleged to be misbranded in that it purported to be a food 
which a standard of quality had been prescribed by regulations as provided 
by law, but its quality fell below such standard and its label did not bear in such 
manner and form as the regulations specify, a statement that it fell below such 
standard.
On January 27, 1941, the Spokane Valley Canning Co., Spokane, Wash., claim- 
ant, having consented to the entry of a decree, judgment was entered ordering 
that the product be released under bond conditioned that it be relabeled.