14171. Adulteration and misbranding of jellies.     U. S. v. 3 Cases of Apple
Mint Jellies, et al. Consent decree of condemnation and for- 
feiture. Products released under bond. (F. & D. No. 20614. I. S. 
Nos. 180-x to 185-x, incl.     S. No. W-1815.)
On November 14, 1925, the United States attorney for the District of Oregon, 
acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel praying jhe seizure and
condemnation of 14 cases of various jellies,  remaining in  the  original  un- j
broken packages at Portland, Oreg., alleging that the articles had been shipped j
by Hoffman & Greenlea, from San Francisco, Calif., on or about January 22, 
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 articles were labeled in part: (Jar) "Preferred Stock Brand Jelly 
*    *    *   Apple  Mint"   (or  "Strawberry"   or   "Baspberry"   or  other  fruit
flavors).
Adulteration of the articles was alleged in substance in. the libel for the 
reason that substances, pectin and fruit jellies, had been mixed and packed 
with the assorted jellies, and pectin and fruit jellies with added tartaric acid 
had been mixed and packed with the remaining jellies, so as to reduce, lower, 
or injuriously affect their quality and strength and in that said, substances 
had been substituted wholly or in part for normal jellies of good commer- 
cial quality.
Misbranding was alleged for the reason that the statements, " Baspberry " 
(or "Apple Mint," " Strawberry " or other fruit, as the case might be) "Jelly," 
borne on the labels, were false and misleading and deceived and misled the 
purchaser, and for the further reason that the articles were imitations of and 
offered for sale under the distinctive names of other articles.
On March 17, 1926, the Shaw Family, Inc., a California Corporation, having 
appeared as claimant for the property and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was or- 
dered by the court that the products be released to the said claimant upon 
payment of the costs of the proceedings and the execution of a bond in the 
sum of $50, conditioned in part that they not be sold or otherwise disposed of 
until relabeled in a manner satisfactory to this department.
C. F. MAEVIN, Acting Secretary of Agriculture.