17822. Adulteration   and   Misbranding of   jellies.    V.   S.   v.   The   C.   Von
Allmen   Preserving   Co.    Flea   of   guilty.    Fine,   S300.     (F.   &   D.
No. 23761.    I.  S. Nos. 01687, 01688,  01768, 01769,  05351, 05352,  05353.)
Samples of jellies from the herein-described interstate shipments having been 
found deficient in fruit juice and containing added tartaric acid and pectin, 
the Secretary of Agriculture reported the matter to the United States attorney 
for the Western District of Kentucky.
On July 3, 1930, the United States attorney filed in the District Court of the 
United States for the district aforesaid an information against the C. Von 
Allmen Preserving Co., Louisville, Ky., alleging shipment by said company, in 
violation of the food and drugs act, in various consignments, on or about 
August 20, 1928, November 12, 1928, and November 23, 1928, from the State of 
Kentucky into the State of Ohio, of quantities of raspberry, blackberry, cur- 
rant, and grape jellies which were adulterated and misbranded. The articles 
were labeled in part: " Von Allmen's Pure Extra Quality Raspberry [or other 
fruit] Jelly * * * Manufactured by the C. Von Allmen Preserving Co. 
Incorporated, Louisville, Ky."
It was alleged in the information that the articles were adulterated in that 
products deficient in fruit juice, and which contained added tartaric acid and 
pectin, had been substituted in whole and in part for pure raspberry jelly, 
blackberry jelly, currant jelly, and grape jelly, as the case might be, which the 
articles purported to be. Adulteration was alleged for the further reason that 
the articles were inferior to raspberry, blackberry, currant, and grape jellies, 
to wit, products deficient in fruit juice, and had been mixed with added tartaric 
acid and pectin so as to simulate the flavor and appearance of pure fruit 
jellies, and in a manner whereby inferiority to pure fruit jellies was concealed.
Misbranding was alleged for the reason that the statements, "Pure Extra 
Quality Raspberry Jelly," " Pure Extra Quality Blackberry Jelly," " Pure Extra 
Quality Currant Jelly," and "Pure Extra Quality Grape Jelly," borne on the 
labels attached to the pails containing the articles, were false and misleading in 
that the said statements represented that the articles were pure fruit jellies; 
and for the further reason that they were labeled as aforesaid so as to deceive 
and mislead the purchaser into the belief that they were pure fruit jellies,
whereas they were not, but were products deficient in fruit juice and containing 
added tartaric acid and pectin. Misbranding was alleged for the further reason 
that the articles were imitations of and were offered for sale and sold under 
the distinctive names of other articles.
On December 30, 1930, a plea of guilty to the information was entered on 
behalf of the defendant company, and the court imposed a fine of $300.
ARTHUR M. HYDE, Secretary of Agriculture.