20508. Adulteration   and   Misbranding of   loganberry   juice.     IT.   S.   v.   North¬
west, Inc., and Cuthbert M. Miall and Carl Huber, Officers of the 
Corporation. Pleas of guilty. Fine, $2. (F. & D. no. 28134. I. S. no. 
40028.)
This action involved the interstate shipment of a product represented to 
be pure loganberry juice, whiclrcontained undeclared added water. The article 
also contained added sugar which was not clearly and conspicuously declared 
on the label, since the declaration appeared in a position and type not readily 
noticeable.
On December 15, 1932, the United States attorney for the District of Oregon, 
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 North- 
west, Inc., Salem, Oreg., and Cuthbert M. Miall and Carl Huber, officers of said 
corporation, alleging shipment by said defendants in violation of the Food 
and Drugs Act, on or about July 24, 1931, from the State of Oregon into the 
State of Illinois, of a quantity of loganberry juice that was adulterated and 
misbranded. The article was labeled in part: (Case) "Northwest Canning 
Company, Salem, Oregon, * * * U. S. A. Phez Pure Juice of the Logan- 
berry", (bottle) " Pressed from Luscious Oregon Loganberries * * * phez 
Pure Juice of the Loganberry,    *    *    *   Northwest Fruit Products Co."
It was alleged in the information that the article was adulterated in that 
an added, undeclared substance, water, and an added declared substance, sugar, 
which was declared on the label in a manner not readily noticeable, had been 
mixed and packed with the article so as to reduce, lower, and injuriously affect 
its quality and strength, and had been substituted in part for pure juice of 
the loganberry, which the article purported to be.
Misbranding was alleged for the reason that the statement, "Pure Juice of 
the Loganberry", appearing on the case and also appearing in large con- 
spicuous type on contrasting background on the bottle label, were false and 
misleading, and for the further reason that the article was labeled as aforesaid 
so as to deceive and mislead the purchaser, in that the said statements repre- 
sented that the article consisted solely of pure juice of the loganberry, whereas 
it consisted in part of undeclared, added water and added sugar that was 
declared on the label in a manner not readily noticeable in faint type on non- 
contrasting background. Misbranding was alleged for the further reason that 
the article was offered for sale under the distinctive name of another article.
On December 15, 1932, pleas of guilty to the information were entered on 
behalf of the defendant company and by the officers individually, and the court 
imposed a fine of $2.
It. G. TCTGWELL, Acting Secretary of Agriculture.