4456. Adulteration and misbranding of strawberry preserve.    U. S. v. 14; Cases
of Strawberry Preserve. Consent decree of condemnation. Product 
ordered   distributed   to   charitable   institutions.    (F.   D.    C.   No.   5999.
Sample No. 74053-E.) 
*    •
This product was insufficiently cooked since the soluble solid contents of the 
finished preserves was less than 68 percent.
On October 10,1941, the United States attorney for the District of Connecticut 
filed a libel against 14 cases of strawberry preserve at New Haven, Conn., alleg- 
ing that the article had been shipped in interstate commerce on or about Septem- 
ber 5, 1941 by Krasne Bros, from New York, N. Y.; and charging that it was 
adulterated and misbranded. The article was labeled in part: (Jars): "Kava 
Pure Strawberry Preserve   Contents 1 Pound."
The article was alleged to be adulterated in that an insufficieiitly concentrated 
mixture of fruit and sugar which contained less soluble solids than required 
in the definition and standard of identity prescribed in the regulations promul- 
gated for fruit preserves had been substituted wholly or in part for strawberry 
preserves as defined in such definition and standard. '
The article was alleged to be misbranded <1) in that the name "Pure Straw- 
berry Preserve" was false and misleading as applied to an article which was 
insufficiently concentrated; (2) in that it was an imitation of another food and 
its label failed to bear, in type of uniform size and prominence, the word "imi- 
tation" and immediately thereafter, the name of the food imitated; and (3) 
in that it purported to be a food for which a definition and standard of identity 
had been prescribed by regulations as provided by law and it failed to conform 
to such definition and standard.
On October 1, 1942, the claimant having consented to the entry of a decree, 
judgment of condemnation was entered and the product was ordered delivered 
to a charitable institution.