26020. Adulteration and misbranding of peach preserves.    U. S. v. 30 Cases of
Peach   Preserves.     Default   decree   of   condemnation   and   destruction.
(F. & D. no. S7356.    Sample no. 48083-B.)
This case involved shipment of peach preserves that were deficient in fruit 
and that contained an excess of sugar and added acid.
On March 12, 1936, the United States attorney for the Eastern District of 
Wisconsin, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of SO cases of peach 
preserves at Milwaukee, Wis., alleging that the article had been shipped in 
interstate commerce on or about January 18, 1936, by Holsum Products from 
Cleveland, Ohio, and charging adulteration and misbranding in violation of 
the Food and Drugs Act The article was labeled in part: "Silver Buckle 
Brand * * * Pure Peach Preserves, Distributed by E. B. Godfrey & Sons 
Co., Milwaukee, Wis."
The article was alleged to be adulterated in that a mixture of sugar and acid 
had been mixed and packed with the article so as to reduce and lower its qual- 
ity ; in that a mixture of fruit, sugar, and acid, containing less fruit and more 
sugar than a preserve should contain had been substituted for preserve; and in 
that a mixture of sugar and acid had been mixed with the article in a manner 
whereby inferiority was concealed.
The article was alleged to be misbranded in that the statement on the label, 
Pure Peach Preserves", was false and misleading and tended to deceive and
mislead the purchaser when applied to a product that consisted of a mixture 
of fruit, sugar, and acid and that contained less fruit and more sugar than a 
preserve should contain; and in that it was an imitation of and offered for 
sale under the distinctive name of another article.
On April 28, 1936, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
W. R. GKBQG, Acting Secretary of Agriculture.