21157. Adulteration and Misbranding of preserves  and Jelly.   IT.  S. v.  HO
Cases of Assorted Preserves, et al. Decrees of condemnation 'tend 
destruction. (F. & D. nos. 30123, 30351, 30471. Sample nos. 38087-A to 
38092-A, incl., 38094-A, 38095-A, 38179-A to 38182-A, incl., 38188-A to 
38194-A, incl.)
These cases involved shipments of various preserves and one lot of cranberry 
jelly. With the exception of the blackberry and pineapple and portions of the 
cherry and raspberry, the preserves contained insufficient fruit to be designated 
as preserves. Some of the products that were deficient in fruit contained added 
pectin and water. Shortages in weight were found in the cranberry jelly, the 
blackberry and pineapple preserves, and many of the other products. One lot 
of strawberry preserves was packed in jars containing slightly over 30 ounces 
and was labeled, " Net Weight 12 Ozs."
On April 22, April 25, and May 15, 1933, the United States attorney for 
the District of New Jersey, acting upon reports by the Secretary of Agriculture, 
filed in the district court libels praying seizure and condemnation of 34% 
cases of various preserves and 14 cases of cranberry jelly, at Atlantic City, 
N. J., alleging that the article had been shipped in interstate commerce, between 
November 1, 1932 and April 15, 1933, by P. Herold & Sons, Inc., from Phila- 
delphia, Pa., and charging adulteration and misbranding in violation of the 
Food and Drugs Act as amended. The articles were labeled in part: (Jar) 
" Kulp's Pure Jelly Cranberry Contents 18 Ounces "; " Kulp's Pure Preserves 
* * * Blackberry [or Strawberry ", " Red Raspberry ", " Cherry ", " Peach ", 
or "Pineapple"] Net Weight 16 Ozs. [or "Net Weight 32 Ozs."] Kulp Pre- 
serving Co., Philadelphia, Pa."
It was alleged in the libels that portions of the cherry, strawberry, and peach 
preserves were adulterated in that excess sugar had been mixed and packed 
with the articles so as to lower and injuriously affect their quality and strength. 
Adulteration of the strawberry, peach, and portions of the raspberry and 
cherry, was alleged for the reason that mixtures of fruit and sugar, with added 
pectin and water in certain of the lots, and containing less fruit than con- 
tained in preserves, had been substituted for the articles, and for the further 
reason that the said articles had been mixed in a manner whereby inferiority 
was concealed.
Misbranding of the strawberry and peach, and portions of the cherry and 
raspberry was alleged for the reason that the statements on the labels 
" Pure Strawberry " [or " Red Raspberry ", " Cherry ", or " Peach "] Preserves", 
were false and misleading and deceived and misled the purchaser, and for the 
further reason that the articles were offered for sale under the distinctive 
names of other articles. Misbranding of the cranberry jelly, the blackberry, 
pineapple, and peach preserves, and portions of the cherry, raspberry, and straw- 
berry preserves was alleged for the further reason that the statements on the 
labels, " Contents 18 Ounces ", " Net Weight 16 Ozs.", or " Net Weight 32 Ozs.", 
were false and misleading and deceived and misled the purchaser, since the 
jars contained less than declared; and for the further reason that the articles 
were in package form and the quantity of the contents was not plainly and 
conspicuously marked on the outside of the packages, since the statements 
made were incorrect. Misbranding of the portion of the strawberry preserves 
in jars containing approximately 30 ounces and labeled, "Net Weight 12 ozs.", 
was alleged for the reason that the article 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 statements made were not correct.
On June 15, 1933, default was entered in the case instituted against 14 
cases of cranberry jelly and 5 cases of preserves and the court ordered the 
products condemned and destroyed. On June 24,1933, P. Herold & Sons, Phila- 
delphia, Pa., having withdrawn claims which had been entered in the two 
other cases, and having consented to the entry of decrees, judgments were 
entered condemning the remaining products and ordering that they be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.