20982. Adulteration and Misbranding of strawberry, raspberry, black- 
berry, and cherry preserves, and raspberry jelly; and misbrand- 
ing of pineapple preserves. 17. S. v. Leghorn Food Products 
Corporation. Flea of guilty. Fine, $300 on counts 1 and 2. Sen- 
tence suspended on remaining counts. (F. & D. no. 28159. I. S. nos. 
29029, 30731, 38006, 38008, 38012, 38013, 38014.)
The products in this case consisted of fruit preserves and jelly that contained 
undeclared added pectin. The strawberry preserves were deficient in fruit; 
the raspberry jelly also was deficient in fruit and contained added sodium 
benzoate; the raspberry and blackberry preserves were deficient in fruit and 
insufficiently concentrated, and the cherry preserves were insufficiently 
concentrated.
On March 2, 1933, the United States attorney for the Eastern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information in 11 counts against the Leghorn Food Products 
Corporation, Brooklyn, N. Y., alleging shipment by said company, in violation 
of the Food and Drugs Act, on or about July 3, 1931, from the State of New 
York into the State of New Jersey, of a quantity of strawberry preserves 
that were' adulterated and misbranded; and on or about June 2 and June 12, 
1931, from the State of New York into the State of Pennsylvania, of quantities 
of raspberry jelly, raspberry preserves, blackberry preserves, and cherry 
preserves that were adulterated and misbranded, and of a quantity of pineapple 
preserves that were misbranded. The articles were labeled, variously: " Crest 
Brand Pure Strawberry Preserves * * * Mfg By Leghorn Food Prod. 
Corp. Brooklyn, N.Y."; "Crest Pure Raspberry Jelly Leghorn Food Products 
Corporation."; " I G A Brand * * * Pure Raspberry [or " Blackberry", 
¦*' Cherry", or " Pineapple"] Preserves * * * Packed for Independent 
Grocers Alliance Distributing Co., Chicago."
Adulteration of the strawberry, raspberry, blackberry, and cherry preserves, 
and the raspberry jelly was alleged for the reason that undeclared added 
pectin had been mixed and packed with the articles so as to reduce and lower 
and injuriously affect their quality and strength. Adulteration was alleged 
for the further reason that products deficient in fruit and containing undeclared 
added pectin had been substituted for the said strawberry preserves and 
raspberry jelly; that insufficiently concentrated products deficient in fruit and 
containing added pectin had been substituted for raspberry and blackberry 
preserves; and that a product insufficiently concentrated and containing 
excessive water and undeclared added pectin, mixed in a manner whereby 
inferiority was concealed, had been substituted for cherry preserves. Adultera- 
tion of the strawberry, raspberry, and blackberry preserves and the raspberry 
jelly was alleged for the further reason that pectin had been mixed with the 
article in a manner whereby damage and inferiority were concealed.
Misbranding was alleged for the reason that the statements, " Pure Straw- 
berry Preserves ", " Pure Raspberry Jelly", " Pure Raspberry Preserves " 
" Pure Blackberry Preserves ", " Pure Cherry Preserves ", and " Pure Pineapple 
Preserves ", borne on the jar labels, were false and misleading and deceived and 
misled the purchaser, since the statements represented that the articles were 
pure fruit preserves and jelly; whereas they contained undeclared added 
pectin, certain of the products were insufficiently concentrated, the cherry 
preserves contained excessive water, and all, with the exception of the cherry 
and pineapple preserves, were deficient in fruit. Misbranding was alleged 
with respect to all products for the further reason that they were offered for 
sale under the distinctive names of other articles. Misbranding of the rasp- 
berry jelly was alleged for the further reason that the label bore no state- 
ment of the added sodium benzoate contained in the article, so as to deceive and 
mislead the purchaser into the belief that it contained no sodium benzoate.
On April 19, 1933, a plea of guilty to all 11 counts of the information was 
entered on behalf of the defendant company, and the court imposed a fine of 
$150 on each of counts 1 and 2, and suspended sentence on the remaining 
9 counts.
R. G. TUGWELL, Acting Secret?-y of Agriculture.