26303. Misbranding of  strawberry preserves.     U.  S. v.  45  Cartons of Assorted
Preserves. Tried to the court. Judgement for the Government. De- 
cree of condemnation and forfeiture. (F. & D. no. 36803. Sample nos. 
44112-B to 44115-B, incl.)
This case involved preserves that were found to be deficient in fruit 
and to contain added acid and pectin.
On December 18, 1935, the United States attorney for the District of Rhode 
Island, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 45 cartons of assorted 
preserves among which were a number of jars of alleged strawberry pre- 
125448°—37 1 
137
serves, charging that the article had been shipped in interstate commerce on 
or about September 23, 1935, by the White Gate Products Corporation from 
New York, N. Y., and that it was misbranded in violation of the Food and 
Drugs Act The article was labeled in part: "Trump Brand Pure Strawberry 
Preserves * * * Eastern Wholesale Grocery Co. Distributors Providence, 
E. I."
The article was alleged to be misbranded in that the statement on the label, 
"Pure Strawberry Preserves", was false and misleading and tended to deceive 
and mislead the purchaser when applied to a product resembling a preserve 
but which contained less fruit than a preserve should contain; and for the further 
reason that it was an imitation of and was offered for sale under the dis- 
tinctive name of another article.
On May 12, 1936, the White Gate Products Corporation having appeared as 
claimant and the case having come on for trial before the court without a 
jury, the court, on the evidence presented, found the product to be misbranded 
as charged in the libel. On October 28, 1936, judgment of condemnation and 
forfeiture was entered.
M. L. WILSON, Acting Secretary of Agriculture.