12884. Adulteration and misbranding of raspberry preserves. U. S. v. 60 
Cases of Raspberry Preserves. Consent decree of condemnation 
and   forfeiture.     Product   released  under   bond   to   be   relabeled.
(F. & D. No. 18721.    I. S. No. 17909-v.    S. No. C-4405.)
On June 3, 1924, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying the seizure and 
condemnation of 60 eases of raspberry preserves, remaining in the original un- 
broken packages at Chicago, Ill., alleging that the article had been shipped by 
the Best-Clymer Co., from St. Louis, Mo., April 2, 1924, and transported from 
the State of Missouri into the State of Illinois, and charging adulteration and 
misbranding in violation of the food and drugs act as amended. The article 
was labeled in part:  (Jar)  "Marigold Brand Corn Syrup Fruit Pectin Com-
pound And Raspberry Preserves With Added Artificial Color And Phosphoric 
Acid Contents 15 Ozs. The Best-Clymer Co. St. Louis, Mo."
Adulteration of the article was alleged in the libel for the reason that an 
artificially colored imitation product had been mixed and packed with and sub- 
stituted wholly or in part for the said article. Adulteration was alleged for 
the further reason that the article had been colored in a manner whereby its 
inferiority was concealed.
Misbranding was alleged for the reason that the statements in the labeling, 
" Raspberry Preserves" and " Contents 15 Ozs.," were false and misleading 
and deceived and misled the purchaser. Misbranding was alleged for the 
further reason that the article was food in package form and the quantity of 
the contents was not plainly and conspicuously marked on the outside of the 
package, and for the further reason that it was an imitation of and offered for 
sale under the distinctive name of " Raspberry Preserves."
On November 3, 1924, the Best-Clymer Co., St. Louis, Mo., claimant, having 
admitted the 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 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 $1,000, in 
conformity with section 10 of the act, conditioned in part that it be relabeled, 
" Marigold Brand Imitation Raspberry Preserves Composed of Corn Syrup, 
Pectin and Fruit With added Artificial Color and Phosphoric Acid Contents 14 
Ozs."
W. M. JAEDINE, Secretary of Agriculture.