223156. Adulteration and misbranding of preserves} and misbranding of 
cranberry Jelly. V. S. v. F. Harold & Sons, Inc. Plea of nolo 
contendere. Defendant placed on probation. (F. & D. no. 32106. 
Sample DOS. 38087-A to 38095-A, incl., 38176-A to 38182-A, incl., 38188-A 
to  38194-A,  Incl.)
This case was based on various shipments of preserves which were short 
weight or which contained less fruit than preserves should contain, a major- 
ity of the lots being in violation of the law in both respects. Added water, 
pectin, and acid were found in certain of the preserves. There was also in- 
cluded one lot of cranberry jelly that was short weight. The net weight was 
not declared in proper form since it was not made in terms of the largest 
unit. One lot was in jars of 2-pound size, contained less than 2 pounds, and 
was labeled " 12 Ounces."
On July 25, 1934, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court an information against P. Harold & Sons, Inc., a corpora- 
tion, Philadelphia, Pa., alleging shipment by said company, in violation of 
the Food and Drugs Act as amended, between the dates of November 1, 1932, 
and April 15, 1933, from the State of Pennsylvania into the State of New 
Jersey, of quantities of preserves and cranberry jelly which were misbranded, 
the majority of the various lots of preserves being also adulterated. The 
preserves were labeled in part: "Kulp's J. W. K. Pure Preserves Blackberry 
[or " Strawberry ", " Red Raspberry ", " Cherry ", or " Peach "] Net Weight 
16 Oz. [or "32 Ozs." or "12 Ozs."] Kulp Preserving Co. [or "P. Harold & 
Sons, Inc."] Philadelphia, Pa." The cranberry jelly was labeled in part: 
" Kulp's Pure Jelly Cranberry Contents 18 ounces, Kulp Preserving Co."
The information charged Adulteration of certain of the preserves in that 
products containing less fruit than preserves contain, and in some instances 
containing added water, pectin, and tartaric acid, had been substituted for 
strawberry, raspberry, cherry, or peach preserves; and in that they had been 
mixed in a manner whereby inferiority was concealed.
from the State of Virginia into the State of Maryland, of quantities of apple 
butter which was adulterated. A portion of the article was labeled: "Mt. 
Vernon Brand Apple Butter National Fruit Product Company, Incorporated, 
Washington, D. C." The remainder was labeled: " Suntint Apple Butter Cum- 
berland Valley Fruit Products Co., Martinsburg, W. Va."
The article was alleged to be adulterated in that it consisted in part of a 
filthy vegetable and animal substance.
On October 22, 1934, a plea of nolo contendere was entered on behalf of the 
defendant company, and the court imposed a fine of $100.
M. L. WILSON, Acting Secretary of Agriculture.