2444. Misbranding of canned cherries.    IT.  S. v. 41 Cases of Canned  Cherries.
Consent decree of condemnation.    Product ordered released under bond 
to be relabeled.    (F. D. C. No. 5248.    Sample No. 65327-B.)
Examination showed that this product was substandard because more than 1 
pit was present in each 20 ounces of canned cherries, namely, an average of 2.01 
pits per 20 ounces.
On August 19, 1941, the United States attorney for the District of Wyoming 
filed a libel against 41 cases, each containing 24 No. 2 cans, of cherries at 
Rock Springs, Wyo., alleging that the article had been shipped in interstate 
commerce on or about March 17, 1941, by the Royal Canning Corporation from 
Ogden, Utah; and charging that it was misbranded. It was labeled in part: 
"Little Boy Blue Water Packed Red Sour Pitted Cherries."
The article was alleged to be misbranded in that it was represented to be pitted 
cherries, but fell below the standard of quality prescribed therefor by regula- 
tions as provided by law.
On October 27, 1941, the Royal Canning Corporation, 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 the supervision 
of the Food and Drug Administration.