27928. Adulteration and misbranding of preserves. U. S. v. Jewett & Sherman 
Co. Plea of nolo contendere. Judgement of grullty. Fine, $75 and 
costs. (F. & D. No. 38024. Sample Nos. 48083-B, 51480-B, 51481-B. 51487-B. 
51488-B, 51494-B, 55583-B, 65929-B, 55932-B, 55935-B.)
These products contained less fruit and more sugar than preserves should con- 
tain.   Most of the lots contained added acid and some contained added pectin.
On April 7,1937, the United States attorney for the Northern District of Ohio, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
an information against Jewett & Sherman Co., a corporation trading at Cleve- 
land, Ohio, alleging shipment by said company under the names of the Madison 
Food Products Co., and Holsum Products, Inc., between the dates of April 5, 
1935, and January 29, 1936, from the State of Ohio into the States of Virginia, 
Illinois, and Wisconsin of quantities of preserves which were adulterated and 
misbranded in violation of the Food and Drugs Act. The articles were labeled 
variously: "First Prize Brand Pure Damson [or "Peach"] Preserves * * * 
The William Edwards Co. Distributors Cleveland Ohio"; "Edwards Brand 
* * * Pure Damson [or "Blackberry" or "Peach"] Preserves Distributed 
by the W. Edwards Co. Cleveland, Ohio"; "Centrella Brand Apricot [or 
"Peach"] Pure Fruit Preserves Distributed by Central Wholesale Grocers, 
Inc., Chicago, Ill."; "Silver Buckle Brand Pure Peach Preserves Distributed 
by E. R Godfrey & Sons Co. Milwaukee, Wis."; "None-Such Brand Pure 
Peach Preserves   Durand-McNeill-Horner Co.   Distributors   Chicago, Ill."
The articles were alleged to be adulterated in that substances containing less 
fruit and more sugar than preserves should contain—some containing added acid 
and others containing added acid and pectin—had been substituted for pure 
preserves, which they purported to be; in that substances, namely, sugar in cer- 
tain lots, sugar and acid in other lots, and sugar, acid and pectin In others, had 
been mixed with fruit in a manner whereby the quality of the articles as pre- 
serves was lowered and reduced; and in that they had been mixed In a manner 
whereby their inferiority to preserves was concealed.
They were alleged to be misbranded in that they were imitations of preserves 
and had been offered for sale under the distinctive names of other articles, 
namely, damson, blackberry, peach, and apricot preserves, respectively; in that 
the statements on the labels, "Pure Damson Preserves," "Blackberry Preserves," 
"Peach Preserves," and "Apricot Pure Fruit Preserves," were false and mislead- 
ing ; and in that by reason of said statements they were labeled so as to deceive 
and mislead the purchaser.
On November 8, 1937, a plea of nolo contendere was entered, and the defendant 
was found guilty and fined $75 and costs.
HABRY L. BROWN, Acting Secretary of Agriculture.