13676. Adulteration  and   misbranding   of  jam.     V.   S.  v.  428  Cases  of  As 
sorted Jam. Consent decree of condemnation and forfeiture. 
Product released under bond. (F. & D. No. 20155. I. S. Nos. 21172-v, 
21173-v, 21174-v.    S. No. W-1730.)
On June 30, 1925, the United States attorney for the District of Oregon, act- 
ing 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 con- 
demnation of 428 cases of assorted jam, remaining in the original unbroken 
packages at Portland, Oreg., alleging that the article had been shipped by the 
Oest Fruit Co., from San Francisco, Calif., on or about March 16, 1925, and 
transported from the State of California into the State of Oregon, and charging 
adulteration and misbranding in violation of the food and drugs act. The 
article was labeled in part: (Jar) " Oest's Pure Fruit Jam Loganberries" (or 
" Raspberries " or " Blackberries ") "Apple Juice & Sugar * * * Oest Fruit' 
Co. San Francisco, Cal."
Adulteration of the article was alleged in the libel for the reason that sub- 
stances, apple juice and excessive sugar, had been mixed and packed therewith 
so as to reduce, lower, or injuriously affect its quality and strength, and in that 
a substance, compound jams consisting of apple juice, sugar, and fruit, had 
been substituted wholly or in part for fruit jam.
Misbranding was allged for the reason that the statements in the labeling 
" Pure Fruit Jam Loganberries Apple Juice & Sugar," " Raspberries Apple 
Juice & Sugar," and "Blackberries Apple Juice & Sugar," as the case might 
be, were false and misleading and deceived and misled the purchaser, and for 
the further reason that the article was sold under the distinctive name of 
another article.
On August 20, 1925, the Oest Fruit Co., San Francisco, Calif., having ap- 
peared as claimant for the property and having 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 good and 
sufficient bond, in conformity with section 10 of the act, conditioned in part 
that it not be sold or disposed of until relabeled to the satisfaction of this 
department.
R. W. DUNLAP, Acting Secretary of Agriculture.