3364. Adulteration and misbranding of preserves.    U. S. v. 24 Cases, 10 Cases, 10
Cases, and 16 Cases of Preserves.   Default decree of condemnation and 
destruction.    (F. D. C. No. 5090.   Sample Noa. 53340-E to 53343-E, Incl.)
These products were deficient in fruit.
On July 29,1941, the United States attorney for the District of Arizona filed a 
libel against 60" cases, each containing 12 2-pound jars, of preserves at Yuma, 
Ariz., alleging that the articles had been shipped in interstate commerce on or 
about February 27 and May 1, 1941, by Crown Products Corporation from Los 
Angeles, Calif.; and charging that they were adulterated and misbranded. They 
were labeled in part: (Jars) "Lady's Choice Pure Strawberry {or "Apricot," 
"Peach," "Raspberry," "Blackberry,"- "Black Raspberry," "Loganberry," "Young- 
berry," or "Boysenberry"] Preserves."
The articles were alleged to be adulterated in that imitation strawberry, apri- 
cot, peach, raspberry, and blackberry preserves, deficient in fruit, had been sub- 
stituted in whole or in part for strawberry, apricot, peach, raspberry, and black- 
berry preserves.
They were alleged to be misbranded (1) in that the names "Pure Strawberry 
Preserves," "Pure Apricot Preserves," "Pure Peach Preserves," "Pure Raspberry 
Preserves," and " Pure Blackberry Preserves" were false and misleading as ap- 
plied to articles that were deficient In fruit; (2) in that they were imitations of 
other foods and their labels fail to bear, in type of uniform size and prominence, 
the word "imitation" and immediately thereafter the name of the food imitated; 
and (8) in that they purported to be foods for which definitions and standards of 
identity had been prescribed by regulations as provided by law, but they failed 
to conform to such definitions and standards.
On October 10, 1941, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.