19875. Misbranding of canned cherries.   U. S. v. 74 Cases   *   *   *.    (F. D. C.
No. 33897.    Sample No. 14552-L.)
LIBEL FILED :   October 7,1952, District of Colorado.
ALLEGED SHIPMENT: On or about July 22, 1952, by Intermountain Food Co., 
Inc., from Murray, Utah.
PRODUCT: 74 cases, each containing 6 6-pound, 10-ounce cans, of cherries at 
Denver, Colo.
the standard of quality for canned cherries since it contained cherries weigh- 
ing less than 1/10 of an ounce and the weight of the largest cherries in the 
container was more than twice the weight of the smallest cherries, and the 
label failed to bear a statement that the product fell below the standard; and, 
Section 403 (h) (2), the product fell below the standard of fill of container 
for canned cherries since it did not contain the maximum quantity of the 
cherry ingredient which could be sealed in the container and processed by heat 
to prevent spoilage, and the label failed to bear a statement that the product 
fell below the standard.
DISPOSITION: December 3, 1952. The shipper, 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 Federal Security Agency.