3955. Misbranding of canned cherries.    U. S. v. 11 Cases of Canned Cherries.    De¬
fault decree of condemnation and destruction.     (F. D. C. No. 7784.    Sam- 
ple No. 64890-E.): 
This product was substandard in .quality because of the presence of excessive 
pits and its labeling also failed to bear the common name of the optional packing 
medium as required by the definition and standard of Identity for'canned'cherries.
On June 20, 1942, the United States attorney for the Western District of
. Pennsylvania filed a libel against 11 eases of canned cherries at Pittsburgh,' Pa.,
alleging that the article had been shipped in interstate'commerce pn or about
March 19, 1942, by the Stanley Packing Co. from Fredonia, N. Y.; and charging 
that it was misbranded. The article was labeled in part: (Can) "Gervas Brand 
Pitted Red Sour Cherries   *   *   *   Packed by Gervas Canning Co., Fredonia,
The article Was alleged to be misbranded (1) in that it purported to be and 
was represented as a food for which a standard of quality had been prescribed 
by regulation as provided by law but its quality fell below such standard, since 
more than one pit was present in each 20 ounces of canned pitted "cherries, and 
its label failed to bear in such manner and form as such regulations specify a 
statement that it fell below such standard; and (2) in that it purported to be 
a food for which a definition and standard of identity had been prescribed and 
its, label did not bear the common names of the optional ingredients present in 
the article.
On July 16,1942, no claimant having appeared,.judgment of condemnation was 
entered and the product was ordered'destroyed.