19945. Adulteration and Misbranding of raspberry, strawberry, pineapple,
blackberry, and cherry preserves and grape jam. U. S. v. H. E. 
Whitaker Co. Plea of guilty. Fine, 850. (P. & D. No. 28043. I. S. 
Nos. 28761, 28762, 30942, 30944, 30947, 3094§, 30949.)
This action was based on the interstate shipment of quantities of preserves 
and jam which contained undeclared added pectin. The strawberry and cherry 
preserves also were found to be deficient in fruit content.
On June 15, 1932, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed 
in the District Court of the United States for the district aforesaid an infor- 
mation against H. B. Whitaker Co., a corporation, Philadelphia, Pa., alleging 
shipment by said company, in violation of the food and drugs act, on or about 
March 20, 1931, from the State of Pennsylvania into the State of Maryland, 
of quantities of raspberry and strawberry preserves, and on or about April 
13, 1931, from the State of Pennsylvania into the State of New Jersey, of 
quantities of grape jam and strawberry, pineapple, blackberry, and cherry 
preserves, which said products were adulterated and misbranded. The articles 
were labeled in part: (Jars) "Parfait Brand Pure Raspberry [or "Straw- 
berry," " Pineapple," " Blackberry," or " Cherry "] Preserves [or " Grape Jam "] 
Made by H. B. Whitaker Co. Phila."
It was alleged in the information that the strawberry and cherry preserves 
were adulterated in that products deficient In fruit content and containing 
added undeclared pectin had been substituted for pure strawberry and cherry 
preserves which the articles purported to be. Adulteration of the remaining 
products was alleged for the reason that an undeclared substance, pectin, 
had been substituted in part for raspberry, pineapple, and blackberry preserves 
and grape jam, which the articles purported to be.
Misbranding was alleged for the reason that the statements, "Pure Rasp- 
berry Preserves," "Pure Strawberry Preserves," "Pure Grape Jam," "Pure 
Pineapple Preserves," " Pure Blackberry Preserves," and " Pure Cherry Pre- 
serves," borne on the jar labels, were false and misleading; and for the further 
reason that the articles were labeled as aforesaid so as to deceive and mis- 
lead the purchaser, since the said statements represented that the articles 
consisted solely of pure fruit preserves and jam, whereas they were composed 
in part of an added undeclared substance, pectin, and the strawberry and 
cherry preserves were deficient in fruit. Misbranding was alleged for the 
further reason that the articles were offered for sale under the distinctive 
names of other articles.
On June 20, 1932, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $50.
HENBY A. WALLACE, Secretary of Agriculture.