20037. Misbranding of canned cherries.   U. S. v. 670 Cases * * *.    (F. D. C. No.
34272.   Sample No. 41028-L.) 
LIBEL FILED :   December 9, 1952, Eastern District of Washington. 
ALLEGED SHIPMENT :   On or about August 21, 1952, by the Varney Canning Co.,
from Roy, Utah. 
PRODUCT:   670 cases, each containing 24   1-pound, 3-ounce cans, of cherries at
Spokane, Wash.
LABEL IN PART:    (Can) "Sonny Boy Brand   Red Sour Pitted Cherries."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the product fell below 
the standard of quality for pitted canned cherries since it contained an exces- 
sive number of pits and the label failed to bear a statement that the product 
fell below the standard.
DISPOSITION : January 16, 1953. 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.