6301. Misbranding of canned cherries.    U. S. v. 49 Cases of Cherries.    Default
decree   of   condemnation.     Product   ordered   delivered   to   a   charitable 
institution.    (F. D. C. No. 11019.   Sample No. 29741-F.)
LIBEL FILED :    November 8,1943, Northern District of Texas.
ALLEGED SHIPMENT : On or about October 16, 1943, by the Fruitvale Canning Co., 
Oakland, Calif.
I EODUCT :   49 cases, each containing 24 cans, of cherries at Amarillo, Tex.
LABEL IN PART:   "Royal Anne Brimfull Brand   Light Sweet Cherries."
VIOLATION CHARGED: Misbranding, Section 403 (h) (1), the quality of the prod- 
uct fell below the standard for canned cherries prescribed by the regulations, 
because more than 15 percent by count of the cherries in the container were 
blemished, and its label did not bear the substandard legend.
DISPOSITION : January 12, 1944. No claimant having appeared, judgment of 
condemnation was entered and the product was ordered delivered to a charitable 
institution.