F. & D. Nos. 1617 and 1642.
I. S. Nos. 9928-b, 9929-b, 9930-b, 9931-b, 9932-b.	
Issued April 18, 1911.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 811, FOOD AND DRUGS ACT.
ADULTERATION  AND  MISBRANDING  OF   "COLUMBINE   BRAND?
COMPOUND" FRUIT JELLIES.
Omor about September 20, 1909, the Colorado Canning Company, a?
corporation, James Turnbull and William J. Lindenberger, Canon City,?
Colo., shipped from the State of Colorado into the Territory of New?
Mexico a quantity of five varieties of jellies, one of which was labeled:?
" Columbine Brand Compound Raspberries and Apple Jelly. Made?
from fresh fruit, apple juice, granulated sugar, and glucose. Made?
by Colorado Canning Co., Canon City, Colorado "; the other four?
varieties bearing identical labels except that the word " raspberries "?
was.substituted in said other labels by the words "currant," "black??
berry," " grape," and " plum," and also bore the words " 1/10 of one?
per cent benzoate of soda " stamped very inconspicuously and illegibly?
across the face of the latter four labels. Samples from this shipment?
were procured and analyzed by the Bureau of Chemistry, United?
States Department of Agriculture, with the result that the products?
in question were each found to contain free sulphuric acid and ben??
zoate of soda, and not to be jellies but viscous syrups with the flavors?
of the fruits indicated scarcely apparent. As the findings of the?
analyst and report made indicated that the products were adulterated?
and misbranded within the meaning of the Food and Drugs Act of?
June 30, 1906, the said Colorado Canning Company and the party?
from whom the samples were procured were afforded opportunities?
for hearings. As it appeared after hearings held that the shipment?
was made in violation of the act, the Secretary of Agriculture re??
ported the facts to the Attorney-General with a statement of the?
evidence upon which to base a prosecution.
On August 31,1910, a criminal information was filed in the District?
Court of the United States for the District of Colorado against the
85779??No. 811?11
said Colorado Canning Company, James Turnbull and William J.?
Lindenberger, charging the above shipment and alleging in the first?
count
 thereof that the above-mentioned jellies were adulterated and?
misbranded in violation of the act, and specifying such adulteration?
and misbranding of each of said products in nine other counts.
On September 30, 1910, the defendant corporation pleaded guilty to?
the above-mentioned first count, whereupon the court imposed a fine?
of $10 and costs. The remaining counts as to the canning company?
and all counts as to the individual defendants above referred to,?
James Turnbull and William J. Lindenberger, were dismissed on?
motion of the United States attorney for the district aforesaid, for?
the reason that said corporation had been adjudged a bankrupt, and?
that no further goods had been manufactured from the same materials?
with the obnoxious ingredients, nor had the goods been subsequently?
shipped under the illegal labels.
This notice is given pursuant to section 4 of the Food and Drugs?
Act of June 30, 1906.
W. M. HAYS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C, March 15,1911.
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