16187. Adulteration   and   Misbranding of   preserves.     TJ.   S.   v.   7   Cases   of
Preserves. Consent decree of condemnation and forfeiture. 
Produet released under bond. (F. & D. No. 23148. I. S. Nos. 02987, 
02988.    S. No. 1236.)
On October 17, 1928, the United States attorney for the District of Con- 
necticut, acting upon a report by the Secretary of Agriculture, filed in the 
D strict Court of the United States for said district a libel praying seizure 
and condemnation of 7 cases of preserves, remaining in the original unbroken 
packages at Hartford, Conn., alleging that the article had been shipped by 
the Brook-Maid Food Co., Brooklyn, N. Y., on or about September 12, 1928, 
and transported from the State of New York into the State of Connecticut, 
and charg ng adulteration and misbranding in violation of the food and 
drugs act. The article was labeled in part: "Brook-Maid Brand Pure Pre- 
serves Strawberry (or "Raspberry") Contents 2 lbs. Brook-Maid Food Co. 
Brooklyn, N. Y."
It was alleged in the libel that the article was adulterated in that added 
pectin had been substituted in part for the said art;cle and had been mixed 
and packed with it so as to reduce, lower, and injuriously affect its quality 
and strength.
Misbranding was alleged for the reason that the designations " Pure Pre- 
serves Strawberry " and " Pure Preserves Raspberry," as the case might be, 
borne on the labels, were false and misleading and deceived and misled the 
purchaser when applied to a product containing added pectin. Misbrand ng 
was alleged for the further reason that the article was offered for sale under 
the distinctive name of another article.
On January 21, 1929, the Brook-Maid Food Co., Brooklyn, N. Y., claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, judment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon 
payment of costs and the execution- of a bond in the sum of $75, conditioned 
in part that it be relabeled, under the supervision of this department, by at- 
taching a sticker bearing the words " With Added Pectin " to each jar of pre- 
serves immediately below the main label.
R. W. DUNLAP, Acting Secretary of Agriculture.