(^.6093. Misbranding;   and   alleged   Adulteration of   preserves.    TJ.   S.   v.   19
I, Cases of Strawberry Preserves, et al.    Decree entered adjudging;
?* ? prod'uets   misbranded   and   ordering-   tneir   release   under   bond.
'H: (F. & D. No. 21053.    I. S. Nos. 12252*-x, 12253-x,  12254-x, 12255-x.    S. No.
"^  C-5085.)
On or about.May 29, 1926, the United States attorney for the Eastern District 
Michigan, acting upon a report by the Secretary of Agriculture, filed in the 
aJistrict Court of the United States for said district a libel praying seizure
&
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and condemnation of 19 cases of strawberry preserves, 12 cases of raspberry' 
preserves, 4 cases of blacltberry preserves, and 7 cases of pineapple preserves^ 
remaining in the original unbroken packages at Bay City,. Mich., alleging thatj 
the articles had been shipped, by McNeil & Co. from Oarpentersville, Ill., MayA 
5, 1925, and transported from the State of Illinois into the State of Michigan,: 
and charging adulteration and misbranding in violation of .the food and drugs i 
act. The articles were labeled in part: "Strawberry" (or other fruit) "Fox; 
River Contents 10 Oz. MCN A McNeil Product McNeil and Company Carpenters: i 
ville, Ill.   Pure Preserves."
Adulteration of the articles was alleged in the libel for the reason that straw/,; 
berry preserves, or other fruit preserves, as the case might be, with addedj 
tartaric acid, had been substituted for pure strawberry, or other fruit, preserves, $ 
which the labels represented the said articles to be.
Misbranding was alleged for the reason that the designation " Pure Preserves^ 
Strawberry," or other fruit, as the case might be, was false and misleading 
and deceived and misled the purchaser, when applied to strawberry, or other- 
fruit, preserves, containing added tartaric acid.
On July 1, 1926; McNeil & Co., Oarpentersville, Ill., having appeared as claim- 
ant for the property, a decree was entered finding the products misbranded, and 
it was ordered by the court that they be delivered to the said claimant upon the,! 
execution of a bond in the sum of $500, conditioned in part that they not be 
sold or otherwise disposed of contrary to law, and it was further ordered that 
the claimant pay the costs of the proceedings.
W. M. JARDINE, Secretary of Agriculture.