25710. Adulteration  and misbranding of  strawberry  and  raspberry  preserves.
U. S. v. 8 Cartons of Strawberry Preserves and 8 Cartons of Raspberry 
Preserves, and another libel proceeding against the same products. 
Default decree of condemnation, forfeiture, and destruction in each 
case. (F. & D. nos. 36855, 36888. Sample nos. 44122-B to 44125-B, incl., 
44130-B, 44131-B.)
These products were deficient in fruit and contained added pectin and water. 
The strawberry preserves also contained added acid.
On December 23 and December 27, 1935, the United States attorney for the 
District of Massachusetts, acting upon reports by the Secretary of Agriculture, 
filed in the district court on each of said dates, a libel praying seizure and 
condemnation of a quantity of strawberry and raspberry preserves at Fall 
River, Mass., alleging that the articles had been shipped in interstate commerce, 
on or about October 5 and November 15, 1935, by the lie de France Import Co., 
Inc., from Brooklyn, N. Y., into the State of Massachusetts, and charging 
adulteration and misbranding in violation of the Food and Drugs Act. The two 
articles were labeled: (Jars) "Unexcelled Quality * * * Paramount Brand 
Pure Strawberry [or "Raspberry"] Preserves He de France Import Co. N. Y."
Adulteration of each of the strawberry preserves was charged" (a) under the 
allegation that a mixture of sugar, acid, water, and pectin had been mixed there- 
with so as to reduce, lower, or affect their quality; (b) under the allegation 
that a mixture of fruit, sugar, acid, pectin, and moisture containing less fruit 
than preserve should contain had been substituted for preserve; (c) and under 
the allegation that a mixture of sugar, acid, water, and pectin had been mixed 
with the article in a manner whereby inferiority was concealed. Adulteration 
of the raspberry preserves was charged under allegations which differed from 
the foregoing only in that acid was not alleged to be an ingredient of the 
product.
Misbranding of the two articles was charged (a) under the allegations that 
the statements on the labels, "Pure Strawberry Preserves" and "Pure Raspberry 
Preserves", respectively, were false and misleading and tended to deceive and 
mislead the purchaser when applied to articles resembling preserves but con- 
taining less fruit than preserves contain; (b) under the allegation that the 
articles were imitations of and were offered for sale under the distinctive names 
of other articles.
On March 16 and March 30,1936, no claimant having appeared, default decrees 
of condemnation, forfeiture, and destruction were entered.
W. R. GEEGG, Acting Secretary of Agriculture.