1967. Misbranding of  canned cherries.     U.   S. v.  70  Cases  of Canned Cherries.
Consent decree of condemnation.    Product ordered released under bond 
to be relabeled.     (F. D. C. No. 4069.    'Sample No. 60540-B.)
On March 28, 1941, the United States attorney for the District of Montana 
filed a libel against 70 cases, each containing 6 No. 10 cans, of cherries at 
Stevensville, Mont., alleging that the article had been shipped on or about 
December 7, 1940, by the Spokane Valley Canning Co. from Veradale, Wash.; 
and charging that it was misbranded. It was labeled in part: (Cans) 
"Spokane Vajley Brand Water Pack Red Sour Pitted Cherries."
The article was alleged to be misbranded in that it fell below the standard 
of quality and condition promulgated for such canned food because of  the
presence of more than 1 pit per 20 ounces of net contents, and its label did 
not bear a plain and conspicuous statement that it fell below such standard. 
On May 8, 1941, Spokane Valley Canning Co., claimant, having consented 
to the entry of a decree, judgment of condemnation was entered and the prod- 
uct was ordered released under bond conditioned that it be relabeled under 
the supervision of the Food and Drug Administration.