20463. Adulteration and Misbranding of jellies. IT. S. v. Daniel L. Reed 
and George B. Niblock (Tropical Preserving Co.). Pleas of guilty. 
Fine, $12. (F. & D. no. 28091. I. S. nos. 13130, 21370, 21371, 21372, 
21373.)
This action was based on the interstate shipment of quantities of jellies 
which were found to consist of imitation jellies, artificially colored and flavored, 
and containing little or no grape, strawberry, raspberry, or cherry, the various 
fruits by which they were designated. Sample jars taken from each of the 
lots were found to contain less than the declared weight.
On November 12, 1932, the United States attorney for the Southern District 
of California, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for the district aforesaid an information 
against Daniel L. Reed and George B. Niblock, copartners, trading as the 
Tropical Preserving Co., Los Angeles, Calif., alleging shipment by said defend- 
ants in violation of the Food and Drugs Act as amended, on or about March 2 
and June 4, 1931, from the State of California into the State of Arizona, of 
quantities of jellies that were adulterated and misbranded. The articles were 
labeled, variously: (Glasses) "True Fruit Doris Brand Grape [or "Straw- 
berry" or "Raspberry" or "Cherry"] Jellied Product Jellied with 1-10 oz. 
fruit pectin. Fruit Acid and Artificial Color added Net Contents 15% Oz. 
Tropical Preserving Co. Los Angeles, Calif."
It was alleged in the information that the articles were adulterated in that 
substances, imitation grape jelly, imitation strawberry jelly, imitation rasp- 
berry jelly, and imitation cherry jelly, had been substituted for true grape, 
strawberry, raspberry, and cherry jellies, which the articles purported to be.
Misbranding was alleged for the reason that the statement, "Net Contents 
15% Oz.", borne on the labels, and the statements, in large conspicuous type, 
"True Fruit * * * Grape", "True Fruit * * * Strawberry", "True 
Fruit * * * Raspberry", " True Fruit * * * Cherry", followed by the 
words "Jellied Product" borne on the labels, were false and misleading, and 
for the further reason that the articles were labeled as aforesaid so as to 
deceive and mislead the purchaser, since the statements represented that the 
glasses contained 15% ounces, and that the articles were true fruit jellies, 
whereas each of a number of the jars contained less than 15% ounces, and the 
articles were deficient in fruit juices, containing little, if any, of the designated 
fruit juices. Misbranding was alleged for the further reason that the articles 
were imitations of and were offered for sale under the distinctive names of 
other articles. Misbranding was alleged for the further reason that the articles 
were food in package form and the quantity of the contents was not plainly 
and conspicuously marked on the outside of the packages, since the labels bore 
an incorrect statement of the quantity of the contents.
On November 21, 1932, the defendants each entered a plea of guilty to the 
information, and the court imposed a fine of $12.
R. G. TtrGwmx, Acting Secretary of Agriculture. 
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