13085. Misbranding- of assorted preserves. 17. S. v. 130 Cases of Assorted 
Preserves. Dei ree of condemnation and forfeiture. Product re- 
leased under bond. (F. & D. No. 19130. I. S. No. 20701-v. S. No. 
W-1600.)
On November 14, 1924, the United States attorney for the District of Colo- 
rado, 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 130 cases of assorted preserves, remaining in the original 
unbroken packages at Denver, Colo., consigned by the Wheeler-Barnes Co., 
Minneapolis, Minn., alleging that the articles had been shipped from Minne- 
apolis, Minn., on or about July 31, 1924, and transported from the State of 
Minnesota into the State of Colorado, and charging misbranding in violation 
of the food and drugs act as amended. The articles were labeled in part: 
(Jar) " Net Weight 1 Lb. Berry-Select Brand Apple Pectin And Strawberry 
Preserves 55% Sugar, 25% Strawberry, 120% Apple Packed By Wheeler- 
Barnes Company, Minneapolis, Minn." (or "Raspberry" or "Loganberry" 
or "Blackberry").
Misbranding of the articles was alleged in the libel for the reason that the 
statements "Apple Pectin And Strawberry" (or "Raspberry," "Loganberry," 
or "Blackberry") "Preserves," borne on the labels of the respective con- 
tainers of the said articles, were false and misleading and deceived and mis- 
led the purchaser. Misbranding was alleged for the further reason that the 
articles were imitations of and offered for sale under the distinctive names 
of other articles, and for the further reason that it was food in package form 
and the quantity of the contents was not plainly and conspicuously marked 
and correctly stated on the outside of the packages.
On January 5, 1925, the PI. A. Marr Grocery Co., Denver, Colo., claimant, 
having admitted the allegations of the libel and consented to the entry of a 
decree and having offered to pay the costs of the proceedings, judgment of 
condemnation was entered, and it was ordered by the court that the product 
be released to the said claimant upon the execution of a bond in the sum 
of $500, in conformity with section 10 of the act.
R. W. DUWLAP, Acting Secretary of Agriculture.