16029. Misbranding of canned cherries.   U. S. v. 49 Cases   *   *   *.    (F. D. C.
No. 28489.    Sample No. 50931-K.) 
LIBEL FILED :   December 29,1949, Southern District of New York. 
ALLEGED SHIPMENT:   On or about October 13, 1949, by Hudson-Duncan Co., 
Portland, Oreg.
PRODUCT: 49 cases, each containing 24 1-pound, 14-ounce cans, of cherries at 
Brooklyn, N. Y.
LABEL IN PART :    "Cheerio Brand   Royal Anne   Cherries."
NATURE OF CHARGE: Misbranding, Section 403 (g) (2), the product purported to 
be and was represented as canned cherries, a food for which a definition and 
standard of identity has been prescribed by regulations, and its label failed to 
bear as required by the regulations the name of the optional cherry ingredient 
present in the food, namely, "light sweet" and the name of the optional packing 
medium present, namely, "heavy syrup."
DISPOSITION : March 9, 1950. Hudson-Duncan Co., 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