11866. Adulteration and misbranding of assorted jellies.    V. S. v. 42 Cases
and 36  Cases   of Assorted Jellies.     Consent  decree  of  condemnat- 
tion and forfeiture.    Product released under bond.     (P. & D.  No.
17334.    I. S. Nos. 8168-v, 8169-v, 8170-v, 8171-v.    S. No. W-1340.)
On March 16, 1923, the United States attorney for the District of Colorado, 
acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel praying the seizure and 
condemnation of 42 cases of 8-ounce jars and 36 cases of 15-ounce jars of as- 
sorted jellies, consigned by the Red Wing Co., Fredonia, N. Y., remaining 
unsold in the original unbroken packages at Denver, Colo., alleging that the 
articles had been shipped from Fredonia, N. Y., on or about December 1, 1922, 
and transported from the State of New York into the State of Colorado, and 
charging adulteration and misbranding in violation of the Food and Drugs 
Act. The articles were labeled in part: " Willow Brook * * * Pure Fruit 
Jelly Apple Currant" (or "Apple Strawberry," "Apple Raspberry," or "Apple 
Grape") "Made From Pure Fruit Juices And Granulated Cane Sugar Manu- 
factured And Guaranteed By The Red Wing Co."
Adulteration of the articles was alleged in the libel for the reason that 
substances composed of pectin had been mixed and packed with the said articles 
so as to reduce and lower and injuriously affect their quality and strength, and 
for the further reason that substances composed of artificially colored pectin 
jellies had been substituted for fruit jellies, which the products purported to be.
Misbranding was alleged in substance for the reason that the statements, 
"Pure Fruit Jelly Apple Currant," or "Apple Strawberry," "Apple Raspberry," 
or "Apple Grape," as the case might be, and " Made From Pure Fruit Juices," 
appearing on the labels of the respective products, were false and misleading 
and deceived and misled the purchaser. Misbranding was alleged for the 
further reason that the articles were imitations of and were offered for sale 
under the distinctive names of other articles.
On May 18, 1923, the Red Wing Co., Inc., Fredonia, N. Y., claimant, having 
admitted the material allegations of the libel and consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the products be released to the said claimant upon 
payment of the costs of the proceedings and the execution of a bond in the sum 
of $300, in conformity with section 10 of the act.
HOWARD M. GOES. Acting Secretary of Agriculture.