31363. Adulteration and misbranding of preserves, janis, and jellies.?
TJ. S. v. 37 Cas?s of Assorted Preserves, et al. Consent decree of?
condemnation    and    forfeiture.     Products    released   under   bond.
(P. & D. No. 16829. I. S. Nos. 7567-v, 7568-v, 7569-v, 7570-v, 757]-v,?
7572-v, 7573-v, 7574-v, 7575-v, 7576-v, 7577-v, 7578-v, 7579-v, 7580-v.?
S. No.  W-1214.)
On September 29, 1922, the United States attorney for the District of Colo??
rado, 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 condem??
nation of 37 cases of assorted preserves, 140 cases of assorted jams, and 55?
cases of assorted jellies, remaining unsold in the original unbroken packages?
at Denver, Colo., consigned by Temtor Corn & Fruit Products Co., Carondelet,?
Mo., alleging that the articles had been shipped from St. Louis, Mo., on or?
about October 20, 1921, and transported from the State of Missouri into the?
State of Colorado, and charging adulteration and misbranding in violation of?
the Food and Drugs Act, as amended. The articles were labeled variously, in?
part: i'.Tars) "Harvester Brand Preserves Apple Blackberry" (or "Apple?
Pineapple," "Apple Peach," "Apple Raspberry," "Apple Plum," or "Apple Straw??
berry") "Contents 1 Lb. Temtor Corn & Fruit Products Co. St. Louis;"?
" Tre-Vyn Brand Jam Apple Strawberry" (or "Apple Raspberry") "* * *?
Contents 2 Lbs. 11 Ozs. Temtor Corn & Fruit Products Co. St. Louis; "?
"Contents 1 Lb. Harvester Brand Jelly Apple-Grape" (or "Apple," "Apple-?
Raspberry," "Apple-Strawberry," "Apple-Blackberry" or "Apple-Plum")?
" Temtor Corn & Fruit Products Co. St. Louis."
Adulteration of the articles was alleged in substance in the libel for the?
reason that products composed of pectin, sugar, and phosphoric acid, and in?
the case of certain of the products, the additional ingredient, corn sirup, had?
been mixed and packed with and substituted wholly or in part for the respec??
tive articles. Adulteration was alleged for the further reason that all of the?
said jams and preserves and the apple-grape, apple-raspberry, apple-strawberry,?
apple-blackberry, and apple-plum jellies were colored in a manner whereby in??
feriority was concealed.
Misbranding was alleged for the reason that the statements, "Apple Black??
berry," "Apple Pineapple," "Apple Peach," "Apple Raspberry," "Apple Plum,"?
and "Apple Strawberry," on the respective containers of the preserves, the?
statements, "Apple Strawberry" and "Apple Raspberry," on the respective?
containers of the jam, and the statements, "Apple-Grape," "Apple-Raspberry,"?
"Apple-Strawberry," "Apple-Blackberry," "Apple," and "Apple-Plum," on the?
respective containers of the jellies, were false and misleading and deceived and?
misled the purchaser thereof. Misbranding was alleged for the further reason?
that the articles were imitations of and were offered for sale under the dis??
tinctive name of other articles. Misbranding was alleged with respect to the?
said jellies for the further reason that they were [food] in package form, and?
the quantity of the contents was not plainly and specifically [conspicuously]?
marked upon the outside of the packages.
On March 20, 1923, the Yoelin Bros. Mercantile Co., Deaver, Colo., claimant,?
having admitted the allegations of the libel with respect to the adulteration and?
misbranding of the product and having consented to the entry of a decree.
N. J-. 11351-11400.]    SERVICE  AND REGULATORY ANNOUNCEMENTS.      189
judgment of condemnation and forfeiture was entered, and it was ordered by?
the court that the said products be released to the claimant upon payment of?
the costs of the proceedings and the execution of a bond in the sum of $900,?
in conformity with section 10 of the act.
C. W. PUGSLEY, Acting Secretary of Agriculture.