3772. Adulteration and misbranding of preserves.    TJ. S. v. 14 Oases of Strawberry
Preserves and 26 Cases of Assorted Preserves. Default decree of con- 
demnation and destruction. (F. D. C. No. 7548. Sample Nos. 72181-E to 
72186-E. incl.)
Examination of these products showed the presence of insect fragments and 
rodentlike hairs. All flavors but the strawberry were found to be deficient in 
fruit.
On May 27, 1942, the United States attorney for the District of Arizona filed a 
libel against 14 cases of strawberry preserves and 26 cases of assorted preserves 
at Yuma, Ariz., alleging that the articles had been shipped in interstate 
commerce on or about March 16, 1942 by the Golden West Products Co. 
from Los Angeles, Calif.; and charging that they were adulterated and that 
portions were misbranded.- The articles were labeled in part: "Bonny Brae 
Brand Pure Strawberry [or "Black Raspberry," "Blackberry," "Boysenberry," 
or "Youngberry"] Preserves."
All flavors were alleged to be adulterated in that they consisted in whole or 
in part of filthy substances and in that they had been prepared under insanitary 
conditions whereby they might have become contaminated with filth. All flavors 
but strawberry were alleged to be adulterated further in that articles deficient 
in fruit had been substituted in whole or in part for pure black raspberry, 
blackberry, boysenberry, or youngberry preserves, as defined by regulations as 
provided by law.
All flavors with the exception of the strawberry were alleged to be misbranded 
in that the names "Pure Black Raspberry [or "Blackberry," "Boysenberry," or 
"Youngberry"] Preserves" were false and misleading as applied to articles that 
were deficient in fruit; (2) in that they were imitations of other foods and the 
labels failed to bear, in type of uniform size and prominence, the word "imita- 
tion" and, immediately thereafter, the name of the food imitated; (3) in that 
they purported to be and were represented as 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 since they did 
not contain the amounts of fruit specified in the regulations.
On June 23, 1942, no claimant having appeared, judgment of condemnation 
was entered and the products were ordered destroyed.