13606. Adulteration and misbranding of assorted preserves. IT. S. v. 557 
Cases of Assorted Preserves. Consent decree of condemnation 
and forfeiture. Product released under bond. (F. & D. No. 20063, 
I. S. Nos. 14726 to 14731-v, incl.    S. No. C-4723.)
On May 6, 1925, the United States attorney for the Southern District of 
Ohio, 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 557 cases of assorted preserves, at Cincinnati, Ohio, consigned 
February 13, 1925, by Eigelberner Food Products Co., Chicago, Ill., alleging that 
the articles had been shipped from Chicago, Ill., and transported from the State 
of Illinois into the State of Ohio, and charging adulteration and misbranding 
in violation of the food and drugs act. The articles were labeled in part: 
(Jar) "Jack Frost * * * Strawberry " (or " Raspberry " or " Blackberry " 
or " Cherry " or " Peach " or " Loganberry ") " Pure Preserves."
Adulteration of the articles was alleged in substance in the libel for the 
reason that a substance deficient in fruit and containing excessive sugar and 
added tartaric acid and also containing in the case of the raspberry and black- 
berry preserves added loganberries had been mixed and packed therewith so
as to reduce, lower, or injuriously affect its quality and strength and had been 
substituted wholly or in part for the respective articles.
Misbranding was alleged for the reason that the statements " Pure Pre- 
serves," " Strawberry," " Raspberry," " Blackberry," " Cherry," " Peach," or 
" Loganberry," as the case might be, borne on the labels, were false and misr 
leading and deceived and misled the purchaser. Misbranding was alleged for 
the further reason that the articles were offered for sale under the distinctive 
names of other articles.
On June 24, 1925, the Colter Co., Cincinnati, Ohio, claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree, judg- 
ment
' of condemnation and forfeiture was entered, and it was ordered by the 
court that the products be released to the said claimant to be relabeled under 
the supervision of this department, upon payment of the costs of the proceed- 
ings and the execution of a good and sufficient bond, in conformity with section 
10 of the act.
R. W. DTTNLAP, Acting Secretary of Agriculture.