3388. Adulteration and misbranding: of jelly. IT. S. v. 100 Cases of a Prod??
uct Purporting to be Pure Grape .Jelly. Default decree of con??
demnation, forfeiture, and destruction. (F. & D. No. 5590. I. S. No.?
3368-41.     S.   No.  2115.)
On or about February 13, 1914, the United States attorney for the Southern?
District of New York, acting upon a report by the Secretary of Agriculture,?
filed in the District Court of the United States for said district a libel for the?
seizure and condemnation of 100 cases, more or less, each containing 2 dozen?
packages of a product purporting to be grape jelly, remaining unsold in the?
original unbroken packages at New York, N. Y., alleging that the product had?
been shipped on or about January 6, 1914, and transported from the State of?
Pennsylvania into the State of New York, and charging adulteration and mis??
branding in violation of the Food and Drugs Act. The cases were labeled:?
" Two Dozen Tumblers Warfield Brand Pure Grape Jellies, Seeman Brothers,?
Distributors, New York." The packages in the cases were each labeled : " War-?
field Pure Grape Jelly, Seeman Bros., Wholesale Distributors, N. Y. Contents?
9 oz."
Adulteration of the product was alleged in the libel for the reason that it?
had mixed with it an applied [apple] product, so as to reduce and lower and?
injuriously affect its quality and strength; and, further, said product con??
tained a substance which had been substituted in part for the article repre??
sented as pure grape jelly. Misbranding was alleged for the reason that said?
product was labeled, "Pure Grape Jelly," in that said product consisted in large?
part of an apple product and was offered for sale under the distinctive name of?
another article.
On March 4, 1914, no claimant having appeared for the property, judgment?
of condemnation and forfeiture was entered and it was ordered by the court?
that the product should be destroyed by the United States marshal.
D. F. HOUSTON, Secretary of Agriculture.
WASHINGTON, D. C, September 24, 1914.
Supplement]    SERVICE AND REGULATORY ANNOUNCEMENTS.	598