13451. Adulteration and misbranding? of assorted preserves. , V. S. v. 54 
Cases of Assorted Preserves. Default decree of condemnation. 
forfeiture, and sale. (F. & D. No. 19371. I. S. Nos. 6863-v, 686&-V. 
6867-v, 6869-v, 6870-v.   ,S. No. C-4560.)
On or about December 13, 1924, the United States attorney for the Western 
District of Texas, 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 54 cases of assorted preserves, at El Paso, Tex., 
alleging that the articles had been shipped by the Goodwin Preserving Co., 
from Louisville, Ky., in part November 17, 1923, and in part July 14, 1924, and 
transported from the State of Kentucky into the State of Texas, and charging 
adulteration and misbranding in violation of the food and drugs act. The 
article was labeled in part: (Jar) " O. B. Brand Blackberry" (or "Quince" 
or "Peach" or "Strawberry") "Preserves with Apple Pectin * * * 
Goodwin Preserving Co. Incorporated Louisville, Ky. U. S. A.," the statement 
" With Apple Pectin " being in relatively small inconspicuous type as compared 
with the word "Preserves." A portion of the product was contained in cases 
labeled in part: " 2 Doz. 16 Oz. Panel Jars " and bore the statement " Contents 
1 Pound " on the jar labels.
Adulteration of the articles was alleged in substance in the libel for the 
reason that acidified compound preserves of blackberry, quince, peach, or 
strawberry flavor, as the case might be, containing tartaric acid and pectin, 
had been mixed and packed therewith so as to reduce, lower, and injuri- 
ously affect their quality and strength, and had been substituted wholly or 
in part for pure fruit preserves indicated on the labels.
Misbranding was alleged in substance for the reason that the statements 
on the cases and jars containing the articles were false and misleading and de- 
ceived and misled the purchaser, since the said preserves were not blackberry, 
quince, peach, and strawberry preserves, as the case might be, and were not 
pure fruit preserves of the flavors named but were imitation fruit preserves 
containing acidified compounds with tartaric acid and blackberry, quince, peach, 
and strawberry flavors, as the case might be. Misbranding was alleged for 
the further reason that the labeling was false and misleading, in that tartaric 
acid compound was not declared, and for the further reason that the articles 
were imitations of and offered for sale under the distinctive names of other 
articles. Misbranding was alleged with respect to a portion of the product 
for the further reason that the statement " Contents 1 Pound," borne on the 
jars, was false and misleading and deceived and misled the purchaser, since 
the contents of the said jars was less than 1 pound.
On April 7, 1925, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the products be sold by the United States marshal.
C. F. MARVIN, Acting Secretary of Agriculture. 
On or about February 5, 1925, the United States attorney for the Western 
District of Texas, 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 462 boxes of oranges, at El Paso, Tex., consigned 
by the Border Produce Co., Colton, Calif., alleging that the article had been 
shipped from Colton, Calif., on or about January 23, 1925, and transported 
from the State of California into the State of Texas, and charging adulteration 
in violation of the food and drugs act.
Adulteration of the article was alleged in the libel for the reason that an 
inedible product had been substituted wholly or in part for the said article.
On April 7, 1925, 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.
C. F. MARVIN, Acting Secretary of Agriculture.