9331. Adulteration and misbranding of raspberry preserves. U. S. v. 80 Dozen 
Jars, 22 Dozen Jars, and 12 Gases of Raspberry Preserve. Default de- 
crees of condemnation. Product ordered delivered to a charitable in- 
stitution.    (F. D. C. Nos. 13117, 13405.    Sample Nos. 81831-F, 81844-F.)
LIBELS FILED: On or about August 2 and 30, 1944, District of Connecticut; 
amended libels filed subsequently.
ALLEGED SHIPMENT : On or about May 24 and July 1,1944, by the Rosen Products, 
Inc., from Brooklyn, N. Y.
PRODUCT: 80 dozen 1-pound jars and 22 dozen 2-pound jars of raspberry preserve 
at New Britain, Conn., and 12 eases, each containing 24 1-pound jars, of 
raspberry preserves at Bridgeport, Conn.
LABEL IN PART : "Fruitcrest Pure Raspberry Preserve Packed for Fruitcrest 
Co., Brooklyn, N. Y."
NATURE OF CHARGE: Adulteration, Section 402 (b) (1), a valuable constituent, 
red raspberries, had been in whole or in part omitted from the product; Section 
- 402 (b) (2), a mixture consisting of black raspberry pomace, a saccharine in- 
gredient, red raspberries or red raspberry pomace, and (in a portion) phosphoric 
acid or acid phosphate had been substituted for pure raspberry preserve, a food 
for which a definition and standard of identity has been prescribed by the 
regulations; Section 402 (b) (3), inferiority had been concealed by the addi- 
tion of black raspberry pomace and (in a portion) phosphoric acid or acid 
phosphate; and, Section 402 (b) (4), black raspberry pomace and (in a portion) 
phosphoric acid or acid phosphate had been added to the article, or mixed 
or packed with it, so as to make it appear to be raspberry preserve, which is 
better or of greater value than was the product.
Misbranding, Section 403 (g) (1), the article failed to conform to "the 
definition and standard of identity for raspberry preserve since it was made 
from a mixture composed of less than 45 parts by weight of mature, properly 
prepared red raspberries to each 55 parts by weight of one, or a mixture, of the 
saccharine ingredients specified in the definition and standard, and since it 
contained black raspberry pomace and (in a portion) phosphoric acid or acid 
phosphate, which ingredients are not permitted as optional ingredients of 
raspberry preserve.
DISPOSITION: May 3, 1946. No claimant having appeared, judgments of con- 
demnation were entered and the product was ordered delivered to charitable 
institutions, conditioned that the labels be removed.