26026. Adulteration   and misbranding of. preserves.    IT.   S.   v.   25   Cases   of
Preserves. Default decree of condemnation. Product delivered to a 
public Institution. (F. & D. no. 37381. Sample nos. 55517-B, 55518-B, 
55519-B.)
This case involved shipments of blackberry, peach, and red raspberry pre- 
serves that were deficient in fruit and contained excess sugar. They also 
contained added pectin or acid or both added pectin and acid.
On or about March 19, 1936, the United States attorney for the Eastern 
District of Michigan, acting upon a report by the Secretary of Agriculture, 
filed in the district court a libel praying seizure and condemnation of 25 cases 
of blackberry, peach, and raspberry preserves at Detroit, Mich., alleging that 
the articles had been shipped during the month of January 1936, by the J. M. 
Smucker Co., from Orrville, Ohio, and charging adulteration and misbranding 
in violation of the Food and Drugs Act. The articles were labeled in part: 
"Quaker Pure Blackberry [or "Peach" or "Raspberry"] Preserves * * * 
Lee & Cady Distributors Michigan."
The articles were alleged to be adulterated in that a mixture of sugar and 
pectin in the case of the blackberry preserves, a mixture of sugar and acid In 
the case of the peach preserves, and a mixture of sugar, pectin, and acid in 
the case of the raspberry preserves, had been mixed and packed with the 
articles so as to reduce or lower their quality; in that said mixtures, contain- 
ing less fruit and more sugar than preserves should contain, had been substi- 
tuted for preserves; and in that the articles had been mixed in a manner 
whereby inferiority was concealed.
The articles were alleged to be misbranded in that the statements on the 
labels, "Pure Blackberry Preserves", "Pure Peach Preserves", and "Pure Red 
Raspberry Preserves", were false and misleading and tended to deceive and 
mislead the purchaser when applied to products resembling preserves but which 
contained less fruit than preserves; and in that they were imitations of and 
offered for sale under the distinctive names of other articles.
On May 5, 1936, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the products be delivered to a public 
institution.
W. R. GKEGQ, Acting Secretary of Agriculture.