5517. Adulteration   and misbranding of  blackberry  jam   and   strawberry  pre¬
serves.    U. S. v. 2 Gases of Blackberry Jam and 2 Cases of Strawberry 
Preserves.    Default decree of condemnation and destruction.     (F. D. C.
No. 10061.   Sample Nos. 42507-F, 42508-F.)
Analysis indicated that these products were insufficiently concentrated.
On June 16,1943, the United States attorney for the Western District of Wash- 
ington filed a libel against 4 cases, each containing 10 2-pound jars or 20 1- 
pound jars, of blackberry jam or strawberry preserves at Seattle, Wash., alleging 
that the articles had been shipped from Portland, Oreg., on or about May 12,1943, 
by the Dickinson Co.; and charging that they were adulterated and misbranded. 
The articles were labeled in part: (Jars) "Dickinson's Pure Strawberry Pre- 
serves," or "Dickinson's Pure Seedless Blackberry Jam."
The articles were alleged to be adulterated in that an insufficiently concentrated 
mixture of fruit and sugar, which contained less soluble solids than required in 
the definition and standard of identity, prescribed in the regulations for preserves 
or jam, had been substituted in whole or in part for strawberry preserves and 
seedless blackberry jam.
They were alleged to be misbranded in that the names "Pure Strawberry 
Preserves" and "Pure Seedless Blackberry Jam" were false and misleading as 
applied to articles which failed to conform to the definition and standard of 
identity for preserves or jams; in that the articles were imitations of another 
food and their labels failed to bear, in type of uniform size and prominence, the 
word "imitation" and immediately thereafter the name of the food imitated; 
and in that the articles purported to be a food for which a definition and standard 
of identity had been prescribed, and they failed to conform to such definition 
and standard.
On November 8, 1943, no claimant having appeared, judgment of condemnation 
was entered and the products were ordered destroyed.