18812. Adulteration   and   Misbranding of   fruit   preserves.    V.   S.   v.   130
Cases of Hygeia Brand Pure * * * Preserves. Default de- 
cree of condemnation, forfeiture, and sale. (F. & D. No. 26462. 
I. S. Nos. 28736 to 28741, incl., 28770 to 28773, incl.    S. No. 4740.)
Examination of assorted fruit preserves from the shipments herein described 
showed that the article contained added undeclared pectin, also that the jars 
contained less than the declared weight.
On June 9, 1931, the United States attorney for the Eastern District of 
Virginia, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for the district aforesaid a libel praying seizure 
and condemnation of 130 cases of fruit preserves, remaining in the original 
unbroken packages at Norfolk, Va., alleging that the article had been shipped 
by Mrs. G. L. Harting, from Philadelphia, Pa., in various consignments, on or 
about January 8, March 20, April 9, and April 30, 1931, and had been trans- 
ported from the State of Pennsylvania into the State of Virginia, and charging 
adulteration and misbranding in violation of the food and drugs act as 
amended. The article was labeled in part: (Jar) "2 Pounds Net Avd. Hygeia 
Brand Pure Strawberry [or " Peach " or " Pineapple "] Preserves Distributed by 
Old Dominion Tobacco Co. Norfolk, Va."
It was alleged in the libel that the article was adulterated in that undeclared 
added pectin had been substituted in part for strawberry, peach, and pineapple 
preserves, which the article purported to be.
Misbranding was alleged for the reason that the statements, "2 Pounds Net 
Avd." and " Pure * * * Preserves," borne on the label, were false and mis- 
leading and deceived and misled the purchaser; for the further reason that the 
article was offered for sale under the distinctive name of another article; and 
for the further reason that it was food in package form and the quantity of 
the contents was not plainly and conspicuously marked on the outside of the 
package, since the statement made was not correct.
On August 12, 1931, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be sold by the United States marshal. The decree further 
provided that the statements, " 2 Pounds Net Avd." and " Pure," be obliterated 
from the label and that the statements, " 1 lb. 15 Oz. Contains Added Pectin," be 
stamped thereon before sale of the product.
AKTHTJB M. HYDE, Secretary of Agriculture.