12439. Adulteration   and misbranding of   jelly.     U.   S.   v.   SO   Cases   of   Jelly.
Consent decree of condemnation and forfeiture. Product re- 
leased under bond. (F. & D. No. 17664. I. S. No. 3321-v. S. No. 
E-4449.)
On or about July 30, 1923, the United States attorney for the Southern Dis- 
trict of Florida, 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 80 cases, each containing 4 dozen jars, of jelly, 
remaining in the original unbroken packages at Jacksonville, Fla., alleging 
that the article had been shipped by the Gibbs Preserving Co., from Baltimore, 
Md., on or about June 7, 1923, and transported from the State of Maryland 
into the State of Florida, and charging adulteration and misbranding in vio- 
lation of the food and drugs act as amended. The article was labeled in part: 
" Gibbs Bull Head Brand Apple Jelly 6 Oz. Net Weight Gibbs Preserving Co. 
Baltimore Md."
Adulteration of the article was alleged in the libel for the reason that a 
substance, to wit, pectin, had been mixed and packed with the said article so 
as to lower and reduce and injuriously affect its quality and strength, and for 
the further reason that pectin jelly had been substituted in whole or in part 
for the said article.
Misbranding was alleged for the reason that the article was labeled, " Apple 
Jelly 6 Oz. Net Weight," which said statements were false and misleading and 
deceived and misled the purchaser, since the article consisted of pectin jelly 
and the tumblers contained less than 6 ounces of the said article. Misbranding 
was alleged for the further reason that the article was offered for sale under 
the distinctive name of another article, to wit, apple jelly, and for the further 
reason that it was food in package form and the quantity of the contents was 
not plainly and conspicuously marked on the outside of the package, since the 
quantity stated was not correct.
On September 6, 1923, the Gibbs Preserving Co., Baltimore, Md., claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, judgment of condemnation and forfeiture was entered, and It was 
ordered by the court that the product be released to the said claimant upon 
payment of the costs of the proceedings and the execution of a bond in the sum 
of $512, in conformity with section 10 of the act.
HOWARD M. GOEE, Secretary of Agriculture.