3309. Misbranding of canned cherries.    V. S. v. lO Cases and 20 Cases of Canned
Cherries. Consent decree of condemnation. Product ordered released 
under bond to be relabeled. (F. D. C. No. 6884. Sample Nos. 85618-E, 
85614-E.)
Both lots of this product were substandard in quality because more than 15 
percent of the cherries in the container were blemished. One lot was short 
weight; the other was labeled to indicate that it was packed in sirup, whereas it 
was packed in water.
On February 27, 1942, the United States attorney for the Western District of 
Washington filed a libel against 30 cases, each containing 6 cans, of cherries at 
Bellingham, Wash., alleging that the article had been shipped in interstate com- 
merce on or about October 12 and December 17, 1941, by Silverton Canning Co. 
from Silverton, Oreg.; and charging that it was misbranded. It was labeled in 
part: (Cans) "Silver Falls Cherries Red [or "Dark Red"] Sour Pitted Choice 
Syrup [or "in Water"] Contents 6 Lbs. 11 Oz. [or "6 Lbs. 14 Oz."]."
The article was alleged to be misbranded (10 cases) in that the statement 
"Contents 6 Lbs. 14 Oz." was false and misleading as applied to an article that 
was short weight, and in that it was in package form and did not bear a label 
containing an accurate statement of the quantity of contents; (20 cases) in that 
the statement "Choice Syrup" was false and misleading as applied to cherries 
packed in water, and in that it purported to be a food for which a definition and 
standard of identity had been prescribed by regulations as provided by law and 
its label failed to bear the name of the optional liquid packing medium present in 
such food; and (both lots) in that it purported to be a food for which a standard 
of qualify had been prescribed by regulations as provided by law, but its quality 
fell below such standard and its label failed to bear in such manner and form as 
the regulations specify, a statement that it fell below such standard.
On March 25, 1942, Lee Grocery Co., Bellingham, Wash., claimant, having con- 
sented to the entry of a decree, judgment of condemnation was entered and the 
product was ordered released under bond to be relabeled under supervision of the 
Food and Drug Administration.