15479. Misbranding of canned cherries.   U. S. v. 124 Cases   *    *    *.    (F. D. C.
No. 28296.    Sample No. 50534-K.) 
LIBEL FILED:   November 28, 1949, Eastern District of Pennsylvania. 
ALLEGED SHIPMENT :    On or about October 24,1949, by the Eugene Fruit Growers
Assn., from Eugene, Oreg. 
PRODUCT:    124 cases, each containing 6 cans, of cherries at Philadelphia, Pa. 
LABEL, IN PART:    (Can) "Thrifty Brand   Contents 7 Lb.   Pitted Dark Sweet
Cherries." 
NATURE OF CHARGE:    Misbranding, Section 403 (h)  (1), the product fell below
the standard of quality for canned cherries since it contained an excessive
number of pits, and its label failed to bear the substandard legend.
*See also No. 15454.
Further misbranding, Section 403 (e) (2), the product failed to bear a label 
containing an accurate statement of the quantity of the contents. (The cans 
contained less than the labeled 7 pounds.)
DISPOSITION: December 8, 1949. The Eugene Fruit Growers Assn., claimant, 
having consented to the entry of a decree, judgment of condemnation was 
entered and the court ordered that the product be released under bond to be 
relabeled, under the supervision of the Food and Drug Administration.
DRIED FRUIT