16590. Adulteration and misbranding of frozen cherries.   U. S. v. 218 Cans * * *.
(F. D. C. No. 27724.    Sample No. 7755-K.)
tion showed that the product contained pits in excess of the number which 
can be regarded as unavoidable. Under good commercial practice, pits can 
be kept down to one pit or less per 20 ounces.
NATURE OF CHARGE: Adulteration, Section 402 (b) (2). partially pitted cherries 
had been substituted in whole or in part for pitted cherries, which the article 
was represented to be.
Misbranding, Section 403 (a), the label statement "R, S. P. Montmorency 
Cherries" was false and misleading as applied to partially pitted cherries.
DISPOSITION : September 26, 1949. The Sunshine Packing Corp. of Pennsyl- 
vania, claimant, having consented to the entry of a decree, judgment of con- 
demnation was entered and the court ordered that the product be released 
under bond for reprocessing or relabeling, under the supervision of the Federal 
Security Agency.   The product subsequently was relabeled on May 8,1950.