16686. Adulteration and Misbranding of jelly. U. S. v. 25 Pails of Jelly. 
Decree  of condemnation entered.     Product  released nnder bond.
(F. & D. No. 23665.    I. S. No. 07345.    S. No. 1903.)
On April 29, 1929, the United States attorney for the District of Montana, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district a libel praying seizure and condemnation 
of 25 pails of jelly at Billings, Mont., alleging that the article had been shipped 
by the Pure Food Manufacturing Co., from Denver, Colo., on or about March 
7, 1929, and transported from the State of Colorado into the State of Montana, 
and charging adulteration and misbranding in violation of the food and drugs 
act as amended. The article was labeled in part: (Stenciled on top of pail) 
"30 Lbs. Net;" (paper label) "Net Contents 15 ounces-Delicious Brand Apple 
Pectin and Currant Jelly, Contains Sugar, Fruit, Apple Pectin, Added Fruit 
Acid and TV of 1% Benzoate of Soda, Packed by the Pure Food Manufacturing 
Co., Denver, Colo." The paper label further bore a. picture of .various fruits 
and the statement " Artificially Colored," indistinctly rubber stamped at bottom.
It was alleged in the libel that the article was adulterated in that imitation 
jelly had been mixed and packed with and substituted in part for the said 
article.
Misbranding was alleged for the reason that the statements " Apple Pectin 
and Currant Jelly " and " 30 Pounds Net," borne on the labels, were false and 
misleading and deceived and misled the purchaser. Misbranding was alleged 
for the further reason that the article was food in package form and the 
quantity of the contents was not plainly and conspicuously marked on the 
outside of the package, in that the statements made were not correct. Mis- 
Dranding was alleged for the further reason that the article was an imitation 
of and was offered for sale under the distinctive name of another article.
On June 4, 1929, the Pure Food Manufacturing Co., Denver, Colo., having 
appeared as claimant for the property and having admitted the allegations of 
the libel, judgment of condemnation 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 $200, conditioned in part that it be 
relabeled to the satisfaction of this department
ABTHUB M. HYDEI, Secretary of Agriculture.