6326. Adulteration   and misbranding of  apple  mixed  fruit  jelly.     V.  S.  v.   39
Cases of Apple Mixed Fruit Jelly. Product ordered released under- 
bond to be relabeled.    (F. D. C. No. 10406.    Sample No. 12628-F.)
LIBEL FILED :   On or about August 25,1943, District of Montana.
ALLEGED SHIPMENT:   On or about July 12, 1943, by the Hunt Brothers Packing
Co., Puyallup, Wash. 
PRODUCT: 39 cases, each containing 24 1-pound jars, of apple mixed fruit jelly at
Great Falls, Mont. 
Analysis indicated that the article was insufficiently cooked, since the soluble
solids content of the finished jelly was less than 65 percent.   Analysis also 
' indicated "the presence of apple, currant, and loganberry in the product, and
that it contained an artificial coloring.
Artificially Colored * *_ * Packed by Hunt Brothers Packing Co. Main 
Office San Francisco, Calif."
VIOLATIONS CHARGED: Adulteration, Section 402 (b) (2), an artificially colored, 
jelly-like product containing less soluble solids than required by the standard 
for mixed fruit jelly had been substituted in whole or in part for mixed fruit 
jelly, which the article purported to be.
Misbranding, Section 402 (a), the statement "Apple Mixed Fruit Jelly," 
which appeared on the label, was false and misleading as applied to an article 
of food "insufficiently concentrated, since the soluble solids content of the 
finished jelly was less than 65 percent; Section 403 (c), the article was an 
imitation of another food, fruit jelly, and the label failed to bear, in type of 
uniform size and prominence, the word "imitation," and, immediately there- 
after, the name of the food imitated; Section 403 (g) (1), it purported to be 
fruit jelly, a food for which a definition and standard of identity has been 
prescribed by regulations promulgated pursuant to law, and it failed to conform 
to the definition and standard; and, Section 403 (i) (2), the article was fabri- 
cated from two or more ingredients and its label failed to bear the common or 
usual name of each such ingredient.
DISPOSITION: October 20, 1943. Hunt Brothers Packing Co., claimant, having 
admitted the allegations of the libel, the product was ordered released under 
bond to be relabeled under the supervision of the Food and Drug Administration.