1609. Misbranding of canned cherries.     U. S. v. 997 Cases of Cherries.    Decree
of condemnation.     Product released under bond for relabeling.     (F. D. C.
No. 3459.    Sample No. 17986-E.)
On December 3, 1940, the United States attorney for the Northern District of 
Alabama filed a libel against 997 cases, each containing 24 cans, of cherries at
Birmingham, Ala., alleging that the article had been shipped in interstate com- 
merce by the Haserot Co. from Northport, Mich., on or about October 21, 1940; 
and charging that it was 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. The article was labeled in part: "Colonial Sour Pitted Red Cherries." 
On March 21, 1941, the Haserot Co., agent for Northport Cherry Factory, Inc., 
having appeared as claimant, judgment of condemnation was entered, and the 
product was ordered released under bond conditioned that it be relabeled in 
accordance with the law under the supervision of the Food and Drug 
Administration.