25783. Adulteration and misbranding of preserves. TJ. S. v. 21 Cases and 25 
Cases of Assorted Alleged Preserves. Default decrees of condemnation 
and destruction. (F. D. nos. 87114, 87115. Sample nos. 40029-B, 40030-B, 
40032-B, 40033-B, 40034-B, 51156-B to 51160-B, incl.)
These cases Involved interstate shipments of assorted so-called preserves. 
The blackberry, strawberry, peach, grape and damson flavors were insufficiently 
concentrated and contained added pectin; the blackberry, strawberry, peach, 
pineapple, and raspberry flavors contained added acid; and the quantity of the 
Contents of the packages of each of the several products was less than that 
represented on the labels.
On January 27, 1936, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
two libels, one praying seizure and condemnation of 21 cases; and the other, 25 
cases of assorted so-called fruit preserves, at Baltimore, Md., alleging respec- 
tively that the articles had been shipped in interstate commerce on or about 
October 24 and November 30, 1935, by the Old Virginia Packing Co., from Front 
Royal, Va., and that they were adulterated and misbranded in violation of the 
Food and Drugs Act.
The articles in the 21-case lot were labeled: " 'Queen's Taste' Brand Fancy 
Pure Preserves Peach [or "Grape", "Damson", "Blackberry", or "Strawberry"] 
Net Wt. 1 Lb. Packed for Frey Associated Houses, Baltimore, Md." The 
articles in the 25-case lot were labeled: "Old Virginia Brand Pure Blackberry 
tor "Pineapple", "Peach", "Strawberry", or "Raspberry"] Preserves Old Vir- 
ginia Packing Co., Inc.   Front Royal, Va., U. S. A.   2 Lbs. Net Wt."
The peach, blackberry, and strawberry flavors were alleged to be adulterated 
in that water, added pectin, and added acid had been mixed and packed with 
the articles so as to reduce, lower, or injuriously affect their quality; in that 
water, added pectin, and added acid had been substituted in part for the articles; 
and in that water, added pectin, and added acid had been mixed with the 
articles in a manner whereby inferiority was concealed. The grape and damson 
flavors were alleged to be adulterated in that water and added pectin had been 
mixed and packed with the articles so as to reduce, lower, or injuriously affect 
their quality; in that water and added pectin had been substituted in part for 
the articles; and in that water and added pectin had been mixed with the 
articles in a manner whereby inferiority was concealed. The pineapple and 
raspberry flavors were alleged to be adulterated in that added acid had been 
mixed and packed with the articles so as to reduce, lower, or injuriously affect 
their quality; in that added acid had been substituted in part for the articles; 
and in that added acid had been mixed with the articles in a manner whereby 
Inferiority was concealed.
The articles were alleged to be misbranded in that the statements, "Pure Pine- 
apple [or "Raspberry", "Blackberry", "Peach", or "Strawberry"] Preserves 2 
Lbs. Net Wt.", with respect to the 25-case lot and the statements, "Pure Preserves 
Grape [or "Damson", "Peach", "Blackberry", or "Strawberry"] Net Wt 1 Lb.", 
With respect to the 21-case lot were false and misleading and tended to deceive 
and mislead the purchaser when applied to products of the composition indicated 
and to packages containing less than the amount declared. All of the several 
articles were alleged to be further misbranded in that they were imitations of 
and were offered for sale under the distinctive names of other articles, and in 
that they were food in package form and the quantity of the contents was not 
plainly and conspicuously marked on the outside of the package, since the quan- 
tity stated was not correct.
On March 5 and March 23,1936, no claimant having appeared, decrees of con- 
demnation were entered, and it was ordered that the products be destroyed.
W. R. GKEGG, Acting Secretary of Agriculture.