3091. Misbranding of canned cbej-rics.   XT. S. v. 449 Cases and 48IKCases of Canned
Cherries.    Consent decree ordering the product released  under bond to
be relabeled.     (F. D. C. No. 5109.    Sample Nos. 42427-E, 42428-E.)
Examination showed: that this product was substandard because more than 
1 pit was present in each. 20 ounces; of calmed cherries, namely, ah average of 
1.98 in one lot and 1.82 in the other. Furthermore, the vignette on the label 
of a portion of the product was misleading since the cherries portrayed in the 
dish did not appear to be pitted and were not the color of water pack cherries.
On July 10, 1941, the United States attorney for the Western District of 
Pennsylvania filed a libel against 938 cases, each containing 24 No. 2 cans, of 
cherries at McKeesport, Pa., alleging that the article had been shipped on or 
about February 16, 1941, by Westfield Planters Cooperative Fruit Products, Inc., 
from Westfield, N. Y.; and charging that it was misbranded. It was labeled in 
part: (Cans) "Sunny Boy [or "Tastymaid"] Brand * * * Red Sour Pitted 
Cherries."
The article.was alleged to be misbranded: (Both lots) 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 did 
not bear in such manner arid form as the regulations specify, a statement that it 
fell below such standard; (Tastymaid brand only) In that its labeling was mis- 
leading since the vignette was deceptive in that cherries pictured therein did 
not have the appearance of pitted cherries and were not the color of water pack 
cherries.
On August 18, 1941, Westfield Planters Cooperative Fruit Products, Inc., claim- 
ant, having admitted .the allegations, of the libel,., judgment was entered, ordering 
the productreleasedunder bond- to berelabeled in compliance with the law*