1460. Misbranding of canned cherries.    TJ. S. v. 100 Cases of Canned Cherries.
""Default  decree  of condemnation and destruction.     (F. D.  C. No.  3481. 
Sample No. 55669-E.)
This product was substandard because of the presence of excessive pits and 
was not labeled to indicate that fact.
On December 9, 1940, the United States attorney for the District of Idaho 
filed a libel against 100 cases of canned cherries at Boise, Idaho, alleging 
that the article had been shipped in interstate commerce on or about November 
1, 1940, in a pool-car shipment from Portland, Oreg., for the Stayton Cannins: 
Co. of Stayton, Oreg.; and charging that it was misbranded. It was labeled in 
part: (Cans) "Santiam Brand Water Pack Red Sour Pitted Cherries."
The article was alleged to be misbranded in that it purported to be a food 
for which a standard of quality 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 January 22, 1941, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.