17235. Adulteration and Misbranding of jellies.    IT. S. v. 29 Cases of Alleged
Fruit Pectin and Apple Jelly, et al. Default decree of condemna- 
tion, forfeiture, and destruction. (F. & D. No. 23962. I. S. Nos. 08559, 
08560, 08561, 08562.    S. No. 2176.)
On August 19, 1929, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying seizure and 
condemnation of 75 cases of assorted jellies, remaining in the original unbroken 
packages at Boston, Mass., alleging that the articles had been shipped by the 
Lutz & Schramm Co., from Pittsburgh, Pa., in two lots, on or about February 
13 and March 22, 1929, respectively, and transported from the State of Penn- 
sylvania into the State of Massachusetts, and charging adulteration and mis- 
branding in violation of the food and drugs act. The articles were labeled 
in part: " Quakerlade Brand Lutz & Schramm Co. Pittsburgh, Pa. Fruit Pectin 
and Apple Jelly (or "Raspberry Jelly" or "Grape Jelly" or "Plum Jelly")." 
The labels of the apple jelly and plum jelly bore the further statement " With 
Added Fruit Acid."
It was alleged in the libel that the articles were adulterated in that a sub- 
stance deficient in fruit juice had been mixed and packed therewith so as to 
reduce and lower its quality and strength, and had been substituted in part for 
the articles. Adulteration was alleged for the further reason that the articles 
had been mixed in a manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the articles were imitations 
of jellies and were offered for sale under the distinctive names of other 
articles. Misbranding was alleged for the further reason that the statements, 
" Fruit Pectin and Apple Jelly," " Fruit Pectin and Raspberry Jelly," " Fruit 
Pectin and Grape Jelly,"s and "Fruit Pectin and Plum Jelly," as the case 
might be, borne on the respective labels, were false and misleading and de- 
ceived and misled the purchaser, in that the said statements represented that 
the articles were jellies, whereas they were not but were compounds of pectin, 
sugar, and little, if any, fruit juice.
On March 28, 1930, the claimant having failed to appear and prosecute its 
defense, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the products be destroyed by the United States 
marshal.
ARTHUR M. HYDE, Secretary of Agriculture.