12703. Adulteration and alleged misbranding of raspberry jam.     U.  S.  v.
46 Cases of Raspberry Jam. Default decree of condemnation, 
forfeiture, and destruction. (F. & D. No. 18418. I. S. No 11938-v. 
S. No. W-1480.)
On February 27, 1924, 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 condemna- 
tion of 46 cases of raspberry jam, remaining in the original unbroken packages 
at Pueblo, Colo., consigned by Libby, McNeill & Libby, The Dalles, Ore., alleg- 
ing that the article had been shipped from The Dalles, Oreg., in part on or 
about October 5 and in part on or about November 20, 1923, and transported 
from the State of Oregon into the State of Colorado, and charging adulteration 
and misbranding in violation- of the food and drugs act. The article was 
labeled in part:  (Can)  "Libby's Raspberry Jam."
Adulteration of the article was alleged in the libel for the reason that it 
consisted in whole 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 laoel on 
the containers of the article, was false and misleading and deceived and 
misled the purchaser.
On June 7, 1924, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be destroyed by the United States marshal.
HOWAED M. GOEE, Secretary of Agriculture.