0942. Adulteration and misbranding of blaefcberry, strawberry, cherry, raspberry, 
peach, grape, and apricot preserves and jams. U. S. v. 3,108 Cases of Jams 
(and 6 other seizure actions against jams and preserves). Decrees of 
condemnation. One lot ordered destroyed; remaining lots ordered re- 
leased under bond. (F. D. C. Nos. 4319, 4445, 4820, 4821, 4897, 5041, 9174. 
Sample Nos. 2895-E, 49161-J3 to 49172-E, incl., 49263-E to 49280-E, Incl., 
49301-B to 49312-B, incl., 22833-F.)
LIBELS FILED: Between April 15, 1941, and January 12, 1943, Eastern District of 
Pennsylvania, District of Massachusetts, and Eastern District of Louisiana.
ALLEGED SHIPMENT: Between the approximate dates of March 8, 1941, and 
August 21, 1942, by the Fresh Grown Preserve Corporation, from Lyndhurst, 
N.J.
PRODUCT: 23 cases, each containing 24 1-pound jars, of preserves at Shenandoah, 
Pa., 3,000 8-pound cans of jams, at Camp Devens, Mass., and 680 cases, each 
containing 24 Impound jars, of preserves, and 9,995 cases, each containing 
24    1%-pound jars, of jams, at New Orleans, La.
LABEL IN PART: (Jams and preserves) "Son-Ripe Brand Top Notch," or 
"Nature's Own," or "George's Brand."
VIOLATIONS CHARGED: Adulteration, Section 402 (b) (2), imitation preserves and 
jams, deficient in fruit, had been substituted in whole or in part for grape, 
apricot, cherry, blackberry, strawberry, raspberry, and peach preserves or jams, 
foods for which definitions and standards of identity have been prescribed by 
regulations.
Misbranding, Section 403 (a), the names, "Pure Strawberry [or "Grape," 
"Apricot," "Cherry," "Peach," "Blackberry," or "Cherry"] Jam [or "Preserves"]," 
were false and misleading; Section 403 (c), the products were imitations of other 
foods and their labels failed to bear, in type of uniform size and prominence, 
the word "Imitation" and, immediately ^thereafter, the names of the foods 
imitated; and, Section 403 (g) (1), they purported to be foods for which defini- 
tions and standards of, identity have been prescribed by regulations, and they 
failed to conform to the definitions and standards.
DISPOSITION: Between October 10 and November 12, 1941. The Fresh Grown 
Preserve Corporation, claimant for the New Orleans and Camp Devens lots, 
having admitted the allegations of the libels, judgments of condemnation were 
entered and the products were ordered released under bond, to be relabeled 
under the supervision of the Food and Drug Administration.    On October 14,
1942, the Public National Bank & Trust Co. of New York having intervened 
in the actions in the Eastern District of Louisiana, and having petitioned the 
court for modification of the decrees entered in that district on the ground that 
it had a financial interest in the goods, and the Fresh Grown Preserve Corporation 
having consented, judgments of condemnation were entered ordering the New 
Orleans lots released under bond to the Public National Bank & Trust Co. of 
New York, to be relabeled, or reprocessed and repacked and properly labeled, 
under the supervision of the Food and Drug Administration.    January 29,
1943. No claimant having appeared for the Shenandoah lot, judgment of 
condemnation was entered and the product was ordered destroyed.