27061. Adulteration and misbranding of raspberry preserve.     V. S. v. 37 and 82
Cases of Raspberry Preserve. Decree of condemnation. Product or- 
dered released under bond subject to relabeling. (F. & D. no. 38705. 
Sample nos. 11673-C, 11675-C.)
This preserve was deficient in fruit and contained excess sugar, excess fruit 
moisture, and excess ash material.
On November 25, 1936, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 119 cases of rasp- 
berry preserve at Maiden, Mass., alleging that the article had been shipped in 
interstate commerce on or about November 5. 1&33, by Fresh Grown Preserve 
Corporation from Brooklyn, N. Y., and charging adulteration and misbranding 
in violation of the Food and Drugs Act. It was labeled in part: "Nature's 
Own Brand Pure Raspberry Preserve * * * Fresh Grown Preserve Corp. 
Brooklyn, New York."
The article was alleged to be adulterated in that excess sugar, moisture 
which should have been removed by boiling, and added ash material had been 
mixed and packed with it so as to reduce or lower its quality; in that a mixture 
of fruit, sugar, and ash material, containing less fruit and more sugar than 
preserve, and containing fruit moisture which should have been removed by boil- 
ing, had been substituted for preserve, which the article purported to be; and 
in that it had been mixed in a manner whereby inferiority was concealed.
It was alleged to be misbranded in that the statement "Pure Raspberry Pre- 
serve", borne on the label, was false and misleading and tended to deceive and 
mislead the purchaser when applied to an article resembling a preserve but 
which contained less fruit than preserve, and in that it was an imitation of and 
was offered for sale under the distinctive name of another article, namely, 
preserve.
On January 28, 1937, the Fresh Grown Preserve Corporation having appeared 
as claimant and having admitted the allegations of the libel, judgment of con- 
demnation was entered and it was ordered that the product be released under 
bond subject to relabeling.
W. R. GHEGG, Acting Secretary of Agriculture.