11997. Misbranding and alleged adulteration  of jellies.     TJ.  S. v. 10 Cases
of Apple and Grape Jelly, et al. Consent decree of condemna- 
tion and forfeiture.     Product released under bond.     (F. & D. Nos.
17541, 17542. I. S. Nos. 2148-v, 2149-v, 2060-v, 2061-v. S. Nos. E-4399, 
B-4401.)
On or about May 23 and 24, 1923, respectively, the United States attorney 
for the Western District of New York, acting upon a report by the Secretary 
of Agriculture, filed in the District Court of the United States for said dis- 
trict libels praying the seizure and condemnation of 244 cases of jellies, re- 
maining in the original unbroken packages in part at Buffalo and in part at
Jamestown, N. Y., consigned by the West Penn Vinegar Co., Pittsburgh, Pa., 
alleging that the articles had been shipped from Pittsburgh, Pa., in part on or 
about March 10 and in part on or about April 2, 1923, and transported from the 
State of Pennsylvania into the State of New York, and charging adulteration 
and misbranding in violation of the Food and Drugs Act, as amended. The 
articles were labeled in part: " Purity Brand High Grade * * * Apple & 
Raspberry " (or "Apple Currant " or " Apple & Currant" or "Apple & Grape ") 
" Jelly West Penn Vinegar Co.    *    *    *    Contents 7 Oz."
Adulteration of the articles was alleged in the libels for the reason that 
colored pectin jelly had been packed with and substituted wholly or in part 
for the said articles, and for the further reason that the articles had been 
colored in a manner whereby damage or inferiority was concealed.
Misbranding was alleged for the reason that the statements on the packages 
containing the respective articles, " High Grade * * * Apple & Grapa 
Jelly," " High Grade * * * Apple & Currant Jelly," " High Grade * * * 
Apple Currant Jelly," and " High Grade * * * Apple & Raspberry Jelly," 
as the case might be, were false and misleading and deceived and misled the 
purchasers. Misbranding was alleged for the further reason that the articles 
were imitations of and offered for sale under the distinctive names of other 
articles. Misbranding was alleged with respect to the greater portion of the 
articles for the reason that they were [food] in package form and the quan- 
tity of the contents was not plainly and conspicuously marked on the outside 
of the packages.
On June 5, 1923, the various libels having become consolidated into one case 
and the West Penn Vinegar Co., Pittsburgh, Pa., having appeared as claimant 
for the property and consented to the entry of a decree, judgment of the court 
was entered finding the products to be misbranded and subject to condemna- 
tion, and it was ordered by the court that they be released to the said claimant 
upon payment of the costs of the proceedings and the execution of a bond in 
the sum of $1,000, in conformity with section 10 of the act, conditioned in part 
that if the articles should be repacked or relabeled it be done under the super- 
vision of this department.
C. F. MAEVTN, Acting Secretary of Agricvlture.