29876. Adulteration and misbranding of raspberry preserve.    U. S. v. 39 Cases
of Raspberry Preserve.    Default decree of condemnation and destruc- 
tion.    (F. & D. No. 39630.   Sample No. 21117-C.)
This product was deficient in fruit and contained an excessive amount of 
sugar and moisture.
On May 25, 1937, the United States attorney for the District of Vermont 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 39 cases of raspberry preserve at 
Burlington, Vt.; alleging that the article had been shipped in interstate com- 
merce on or about October 1 and November 10, 1936, by Fresh Grown Preserve 
Corporation from Brooklyn, N. Y.; and charging adulteration and misbranding 
in violation of the Food and Drugs Act. The article was labeled in part: 
"Nature's Own Brand Pure Raspberry Preserve."
It was alleged to be adulterated in that an excessive amount of sugar, and 
moisture which should have been removed by boiling, had been mixed and 
packed with it so as to reduce or lower its quality, and in that a mixture of 
fruit and sugar, containing less fruit and more sugar than preserve, and fruit 
moisture which should have been removed by boiling, had been substituted for 
preserve, which the article purported to be. It was alleged to be adulterated 
further 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 
Preserve" was false and misleading and tended to deceive and mislead the 
purchaser when applied to an article resembling 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 November 22, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.
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