17678. Adulteration and misbranding of strawberry preserves. U. S. v. 18 
Cases    *    *    *.    (F. D. C. No. 30860.   Sample No. 31961-L.)
IIBEL FILED :    On or about April 11,1951, Western District of Missouri.
ALLEGED SHIPMENT : On or about January 31,1951, by the J. F. Garvey Co., from 
Lincoln, Nebr.
PRODUCT: 18 cases, each containing 6 8%-pound cans, of strawberry preserves 
at Mount Vernon, Mo. This product was deficient in fruit, and the portion 
labeled "Western Brand" contained artificial color.
LABEL IN PART: (Can) "Western Brand Institution Style Strawberry Pre- 
serves * * * Western Products Corp. Omaha, Nebraska" or "Institution 
Style    Strawberry Preserves."
NATURE OF CHARGE: Adulteration, Section 402 (b) (2), a product deficient in 
fruit, a portion of which contained artificial color, had been substituted in whole 
or in part for strawberry preserves; and, Section 402 (b) (4), artificial color 
had been added to a portion of the product and mixed and packed with it so as 
to make it appear better or of greater value than it was.
Misbranding, Section 403 (g) (1), the product failed to conform to the defini- 
tion and standard of identity for strawberry preserves since it was made from 
a mixture composed of less than 45 parts by weight of the strawberry ingredi- 
ent to each 55 parts by weight of one of the saccharine ingredients specified in 
the definition and standard; and, Section 403 (e) (1), a portion of the product 
failed to bear a label containing the name and place of business of the manu- 
facturer, packer, or distributor.
DISPOSITION: May 28> 1951. Default decree of condemnation. The court or- 
dered that the product be delivered to a public institution, for consumption by 
the inmates. 
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