21367. Adulteration and Misbranding of jams and jellies.    V. S. v. Grocers
Specialty Co. Plea of guilty. Fine of $100 imposed on each of 
42 counts. Sentence suspended. (F. & D. no. 29412. I.S. nos. 21329. 
21346, 21348, 21363, 21364, 21365.)
This ease was based on various shipments of imitation jams and jellies 
labeled to convey the impression that they were compound jams and pectin 
jellies, respectively. The strawberry and raspberry jams contained undeclared 
artificial color. The loganberry jam contained less than the 25 percent of fruit 
declared on the label. The jellies contained undeclared artificial color, and 
probably a small amount of fruit, not sufficient, however, to give them a 
characteristic fruit flavor.
On July 13, 1933, the Grand Jurors of the United States for the Southern 
District of California, acting upon a report by the Secretary of Agriculture, 
presented in the district court an indictment against the Grocers Specialty Co., 
a corporation, Los Angeles, Calif., alleging shipment by said company in viola- 
tion of the Food and Drugs Act, in various shipments, on or about August 18, 
August 20, and September 4, 1931, respectively, from the State of California 
into the State of Arizona, of quantities of jams and jellies which were adul- 
terated and misbranded. The jams were labeled, " Grandma's [or 'American 
Beauty'] Compound Pectin Sugar Strawberry [or ' Raspberry,' or ' Logan- 
berry'] Jam Fruit Acid Added 25% Strawberry [or 'Raspberry' or 'Logan- 
berry'] 55% Sugar 20% Pectin Packed by Grocers Specialty Co., Inc., Los 
Angeles, California", together with designs of strawberries, raspberries, or 
loganberries. The jellies were labeled in part: "Peacock Brand Strawberry 
[or 'Raspberry'] And Pectin Jelly Fruit Acid Added", together with designs 
showing strawberries or raspberries and a peacock.
It was alleged in the indictment that the strawberry and raspberry jams 
were adulterated in that artificially colored imitation jams had been substi- 
tuted for compound pectin sugar strawberry (or raspberry) jam, which the 
articles purported to be. Adulteration of the loganberry jam was alleged for 
the reason that an imitation jam had been substituted for compound pectin 
sugar loganberry jam, which the article purported to be. Adulteration of the 
jellies was alleged, in that artificially colored imitation jellies had been sub-
70549—34 4
stituted for strawberry and raspberry pectin jellies, which the articles pur- 
ported to be. Adulteration of the strawberry and raspberry jams and jellies 
was alleged for the further reason that the articles had been mixed and colored 
in a manner whereby inferiority was concealed. Adulteration of the logan- 
berry jam was alleged for the further reason that the article had been mixed 
with a insufficient amount of loganberries, namely, less than the declared 25 
percent, in a manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the statements, " Compound 
Pectin Sugar Strawberry [or "Raspberry" or "Loganberry"], with respect 
to the jams and the statements, 'Strawberry' [or "Raspberry"] and Pectin 
Jelly" with respect to the said jellies, together with the designs of straw- 
berries, raspberries, and loganberries, borne on the labels, were false and 
misleading, and for the further reason that the articles were labeled so as to 
deceive and mislead the purchaser; since they were not as represented, but 
were imitation jams and jellies and were not labeled " imitation ", the straw- 
berry and raspberry jams and the jellies were artificially colored, and the 
words "Artificially Colored ", were not borne on the labels. Misbranding of 
the loganberry jam was alleged for the further reason that the statement 
"25% Loganberry" was false and misleading and deceived and misled the 
purchaser, since the article contained less than 25 percent of loganberries. 
Misbranding of all products was alleged for the further reason that they were 
imitations of other articles, and for the further reason that they were offered 
for sale under the distinctive names of other articles.
On August 28, 1933, a plea of guilty to the information was entered by 
Abraham Mark, president of the defendant company, and the court imposed a 
sentence of $100 on each of the 42 counts, and ordered commitment suspended 
for 18 months on condition that there should be no violation of the Food and 
Drugs Act during that period by the president of the firm or by anyone acting 
under his direction.
M. L. WILSON, Acting Secretary of Agriculture.