16275. Misbranding of canned cherries.   U. S. v. 249 Cases   *   *   *.    (F. D. C.
No. 28529.   Sample No. 68708-K.)
LIBEL FILED :   January 19,1950, Southern District of New York.
ALLEGED SHIPMENT: On or about December 10, 1949, by the Washington Can- 
ners Coop., Vancouver, Wash.
PRODUCT: 249 cases, each containing 24 1-pound, 14-ounce cans, of cherries at 
New York, N. Y.
LABEL IN PART : (Can) "Bestwest Select Fancy Pitted Dark Sweet Cher- 
ries   In Extra Heavy Syrup."
NATURE OF CHARGE : Misbranding, Section 403 (a), the label designation "Fancy" 
was false and misleading as applied to an article which contained excessive 
pits; and, Section 403 (h) (1), the product fell below the standard of quality 
established for canned pitted cherries since it contained more than one pit in 
each 20 ounces of canned cherries and its label failed to bear the statement 
that it fell below the standard.
DISPOSITION : April 27, 1950. The Washington Canners Coop., claimant, hav- 
ing admitted the allegations of the libel, 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.