9502. Misbranding of canned cherries.    U. S. v. 299 Cases of Canned Cherries.
Consent decree of condemnation.    Product ordered released under bond.
(F. D. C. No. 18205.    Sample No. 29919-H.)
LIBEL FILED :   November 1, 1945, Territory of Hawaii.
ALLEGED SHIPMENT :" On or about September 6, 1945, by the United Grocers, Ltd., 
from San Francisco, Calif. 

PRODUCT: 299 cases, each containing 24 1-pound, 14-ounce cans, of cherries at 
Honolulu, T. H. This product was packed in heavy sirup and not, as labeled, 
"Extra Heavy Syrup." -It did not contain, as required by the regulations, the 
maximum quantity of cherries which could be sealed in the container and 
processed by heat to prevent spoilage, without crushing the cherries.
LABEL IN PART : "Hunts Supreme Quality Fancy Royal Anne Light Sweet 
Cherries   In Extra Heavy Syrup."
NATURE OF CHARGE: Misbranding, Section 403 (g) (2)the product failed to 
conform to the definition and standard of identity for canned cherries since its 
label failed to bear the name of the optional packing medium present; and, 
Sections (h) (2), the product fell below the standard of fill of container, and 
it failed to bear the substandard statement on its label.
DISPOSITION : July 1, 1946. The Hunt Foods, Inc., San Francisco, Calif., claim- 
ant, having consented 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.