26312. Adulteration and misbranding of preserves. 17. S. v. 117 Jars of Alleged 
Raspberry Preserves, et al. Default decree entered. Product delivered 
to charitable institutions. (F. & D. no. 37395. Sample nos. 60943-B, 
60946-B, 60948-B, 60949-B, 60950-B, 60953-B, 60980-B.)
This case involved assorted preserves which were deficient in fruit. Por- 
tions of the article contained added pectin or added acid, or both added pectin 
and added acid.
On or about March 24, 1936, the United States attorney for the District of 
Connecticut, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 806 jars of assorted 
preserves at Waterbury, Conn., alleging that the articles had been shipped in 
interstate commerce in part on or about March 28, 1935, and in part on or 
about January 17, 1936, 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 article was labeled in part: "White Gate * * * 
Pure Raspberry [or "Quince", "Blackberry", "Loganberry", or "Peach"] Pre- 
serves.   White Gate Products Corp. N. Y."
The articles were alleged to be adulterated in that sugar, acid, or pectin, or a 
combination of said substances, had been mixed and packed therewith so as to 
reduce or lower their quality; in that mixtures of fruit and sugar containing 
less fruit and more sugar than preserves should contain, portions thereof also 
containing acid or pectin, or both acid and pectin, had been substituted for 
preserves which the articles purported to be; 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 Raspberry 
Preserves", "Pure Quince Preserves", "Pure Blackberry Preserves", "Pure 
Loganberry Preserves", and "Pure Peach Preserves", borne on the labels, 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 should contain, and in that they were imitations of and were offered 
for sale under the distinctive names of other articles.
On July 13, 1936, no claimant having appeared, a general default was entered 
and it was ordered that the product be delivered to charitable institutions 
after removal of the labels.
M. L. WILSON, Acting Secretary of Agriculture.