13284. Adulteration and misbx-anding of assorted jellies.    V. S. v. 35 Cases,
et al., of Assorted Jellies. Default decree of condemnation, for- 
feiture, and destruction entered with respect to portion of prod- 
ucts.     Remainder   released   under   bond   to   be   relabeled.     (F.   &   D.
Nos. 17762, 17763, 17764, 17843. I. S. Nos. 1161-v to 1172-v, incl., 1174-v 
to 1179-v, incl., 15008-v to 15013-v, incl. S. Nos. E-4478, E-4479, E-4480, 
E-4497.)
On September 7 and 27, and October 4, 1923, respectively, the United States 
attorney for the District of Columbia, acting upon reports by the Secretary of 
Agriculture, filed in the Supreme Court of the District of Columbia, holding a 
district court, libels praying the seizure and condemnation of 35 cases and 
51 cartons, each case and carton containing 3 dozen jars, of assorted jellies, 
at Washington, D. C, alleging that the articles were being offered for sale 
and sold in the District of Columbia, and charging adulteration and misbrand- 
ing in violation of the food and drugs act. A portion of the articles were 
labeled in part: (Jar) "Queen Brand Pure Apple Jelly Prepared By S. J. Van 
Lill Co. Baltimore, Md.," and bore a design showing fresh whole apples. The 
remainder of the said articles bore the same labeling except that the state- 
ment " Pure Apple Jelly " was qualified by the statements " Currant Flavor," 
" Grape Flavor," " Strawberry Flavor," " Blackberry Flavor," or " Raspberry 
Flavor," as the case might be.
Adulteration of the articles was alleged in the libels for the reason that sub- 
stances, to wit, pectin jellies, had been mixed and packed therewith so as to 
reduce and lower and injuriously affect their quality and strength and had 
been substituted in whole and in part for pure fruit jellies, which the articles 
purported to be.
Misbranding was alleged for the reason that the statements "Pure Apple 
Jelly," " Pure Apple Jelly Grape Flavor," " Pure Apple Jelly Blackberry 
Flavor," " Pure Apple Jelly Currant Flavor," " Pure Apple Jelly Strawberry 
Flavor," and " Pure Apple Jelly Raspberry Flavor," together with the design 
showing two fresh whole apples, borne on the jars containing the respective 
products, were false and misleading, in that the said statements, designs, and 
devices represented to purchasers that the articles were pure fruit jellies of 
the flavors designated, and for the further reason that they were labeled as 
aforesaid so as to deceive and mislead the purchaser into the belief that they 
were pure fruit jellies of the flavors designated, whereas they were not but
?weie apple pectin jellies with little or no flavor. Misbranding was alleged 
for the further reason that the articles were imitations of and were offered for 
sale under the distinctive names of other articles, to wit, pure fruit jellies.
On August 7, 1924, the S. J. Van Lill Co., Baltimore, Md., having appeared 
as claimant in three cases involving 37 cartons and 35 cases of the products, 
decrees of the court were entered, ordering that the said portion be released to 
the claimant upon payment of the costs of the proceedings and the execution 
of bonds in the aggregate sum of $300, in conformity with section 10 of the 
act, conditioned in part that the jellies be properly labeled and inspected by 
this department before sale or other disposition. On September 22, 1924, no 
claimant having appeared in the remaining case, judgment of condemnation and 
forfeiture was entered, and it was ordered by the court that the 3 cartons of 
jellies actually seized be destroyed by the United States marshal.
R. W. DUNLAP, Acting Secretary of Agriculture.