9556.  Adulteration  and  Misbranding of  No-Vary   Quality  fruit  preserves. 
TJ.   S.     *      *      *     v.   Best-Clymer   Mfg.   Co.,   a   Corporation.     Plea   of
nolo contendere.     Fine, $50 and costs.     (F. & D. No. 12304.    I. S. Nos. 
2516-r, 2517-r,  2518-r, 2519-r,  2520-r.)
On April 28, 1920, the United States attorney for the Eastern District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
the Best-Clymer Mfg. Co., a corporation, having a place of business at St. 
Louis, Mo., alleging shipment by said company, in violation of the Food and 
Drugs Act, on or about February 12, 1919, from the State of Missouri into 
the State of Wyoming, of a quantity of fruit preserves which were adulterated 
and misbranded. The articles were labeled in part: " No-Vary Quality * * * 
Fruit Preserves * * * Distributed By No-Vary Products Co. Minnea- 
polis Minn Winnipeg Canada Distributors Combination Of 55% Granu- 
lated Sugar 14% Peaches " (or " Raspberries," " Plums," " Strawberries," or 
"Blackberries")   "31% Apple Juice."
Analyses of samples of the articles by the Bureau of Chemistry of this de- 
partment showed that they contained glucose and added phosphoric acid or 
compounds thereof.
Adulteration of the articles was alleged in the information for the reason 
that substances, to wit, glucose or starch sugar and phosphoric acid or com- 
pounds thereof, had been substituted in whole or in part for fruit preserves, 
which the articles purported to be.
Misbranding was alleged for the reason that the statements, to wit, " Fruit 
Preserves * * * Combination of 55% Granulated Sugar 14% Peaches " (or 
"Raspberries," "Plums," "Strawberries," or "Blackberries") "31% Apple 
Juice," borne on the labels attached to the jars containing the articles, re- 
garding them and the ingredients and substances contained therein, were false 
and misleading in that they represented that said articles were fruit preserves 
and that they were combinations of 55 per cent of granulated sugar, 14 per cent 
of peaches, raspberries, plums, strawberries, or blackberries, as the case might 
be, and 31 per cent of apple juice, and for the further reason that they were 
labeled as aforesaid so as to deceive and mislead the purchaser into the belief 
that the said articles were fruit preserves and that they were combinations 
of 55 per cent of granulated sugar, 14 per cent of peaches, raspberries, plums, 
strawberries, or blackberries, as the case m.ght be, and 31 per cent of apple 
juice, whereas, in truth and in fact, they were not, but were mixtures com- 
posed in part of glucose or starch sugar and added phosphoric acid or com- 
pounds thereof.
On May 11, 1921, a plea of nolo contendere to the information was entered 
on behalf of the defendant company, and the court imposed a fine of $50 and 
costs.
C. W. PUGSLEY, Acting Secretary of Agriculture.