12393. Adulteration  and alleged misbranding  of  raspberry jam.     U.  S.  v.
25 Cases of Raspberry Jam, Consent decree of condemnation, 
forfeiture, and destruction. (F. & D. No. 18268. I. S. No. 20770-v. 
S. No. W-1463.)   .
On January 15, 1924, the United States attorney for the Western District 
of Washington, 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 25 cases of raspberry jam at Seattle. 
Wash., alleging that the article had been shipped by Libby, McNeill & Libby 
from The Dalles, Oreg., December 10, 1923, and transported from the State of 
Oregon into the State of Washington, and charging adulteration and mis- 
branding in violation of the food and drugs act. The article was labeled in 
part: (Can) " Libby's Raspberry Jam Libby, McNeill & Libby, Chicago. 
*    *    *    Jellies, Jams and Fruit Butters Are Made Of Ripe Sound Fruit."
Adulteration of the article was alleged in the libel for the reason that the 
article consisted wholly or in part of a decomposed vegetable substance.
Misbranding was alleged for the reason that the statement " Jellies, Jams 
and Fruit Butters Are Made of Ripe, Sound Fruit," appearing on the label, 
was false and misleading and deceived and misled the purchaser.
On April 7, 1924, Libby, McNeill & Libby, claimant, having admitted thf 
allegations of the libel and consented to the entry of a decree of condemnation, 
judgment of the court was entered, finding the product to be adulterated and 
ordering that it be destroyed by the United States marshal.
HOWARD M. GORE, Acting Secretary of Agriculture.