26306. Misbranding and alleged Adulteration of preserves.     IT. S. v. 36, 57, and
84 Jars of Preserves. Default decree of condemnation. Product de- 
livered to charitable Institutions. (F. & D. no. 370&0. Sample nos. 
44002-B, 44007-B, 44008-B.)
This case involved quince, loganberry, and blackberry preserves which con- 
tained added water; the blackberry also contained added pectin; the loganberry 
and blackberry were short-weight.
On February 3, 1936, the United States attorney for the District of Rhode 
Island, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 177 jars of preserves, at 
Providence, R. I., alleging that the articles had been shipped in interstate com- 
merce between the dates of October 16, 1935, and December 3, 1935, by the White 
Gate Products Corporation, from New York, N. Y., and charging adulteration and 
misbranding in violation of the Food and Drugs Act.
The articles were labeled: "White Gate Pure Quince [or "Loganberry" or 
"Blackberry"] Preserves   Net Wt. 2 Lbs. White Gate Products Corp. N. Y."
The articles were alleged to be adulterated in that water—and in the case of 
the blackberry preserves, also pectin—had been mixed and packed with the 
articles so as to reduce, lower, and injuriously affect their quality; and in that 
the articles had been mixed in a manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the statements, "Pure Quince 
Preserves", "Pure Loganberry Preserves Net Wt. 2 Lbs", "Pure Blackberry Pre- 
serves Net Wt. 2 Lbs.", borne on the labels, were false and misleading and 
tended to deceive and mislead the purchaser when applied to products that con- 
tained moisture which should have been removed, a part of which also con- 
tained pectin and a part of which were short in weight. Misbranding was alleged 
for the further reason that the articles were imitations of and were offered for 
sale under the distinctive names of other articles. Misbranding of the logan- 
berry and blackberry preserves was alleged for the further reason 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 statement was 
not correct.
On June 10, 1936, no claimant having appeared, judgment was entered finding 
the products misbranded and ordering that they be condemned and forfeited. 
They were distributed to various charitable institutions.
M. L. WILSON, Acting Secretary of Agriculture.