16952. Misbranding- and alleged Adulteration of jelly concentrates.     V.  S.
v.   36  Cases   of  Raspberry  Minute Jelly  Concentrate,   et   al. Decree
of  condemnation  and  forfeiture.     Product  released  under bond.
(F. & D. No. 24115.    I., S. Nos. 08194, 08195.    S. No. 2357.)
On October 2, 1929, the United States attorney for the Western District of 
New York, 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 36 cases of raspberry Minute jelly concentrate and 62 cases 
of currant Minute jelly concentrate, remaining in the original unbroken packages 
at Buffalo, N. Y., consigned by Minute Jelly (Inc.), Cranford, N. J., alleging 
that the articles had been shipped from Cranford, N. J., July 1, 1929, and trans- 
ported from the State of New Jersey into the State of New York, and charging 
adulteration and misbranding in violation of the food and drugs act. The 
articles were labeled in part: "Baspberry (or "Currant") Minute Jelly 
Concentrate 1 bottle makes 2 glasses of finest Jelly * * * jelly is ready 
to pour in glasses * * * no purer jelly can be made * * * a mixture 
of fruit juice and sugar with natural flavor fruit acid and vegetable color and 
a small amount of pectin to jell * * * Minute Jelly Inc. Cranford, New 
Jersey."
It was alleged in the libel that the articles were adulterated in that a sub- 
stance devoid of fruit juice had been mixed and packed with and substituted 
in part for the said articles, and for the further reason that they were 
colored in a manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the statements, "A mixture of 
fruit juice," "Raspberry (or "Currant") Minute Jelly Concentrate," "Makes 
* * * finest jelly," and " Jelly is ready," borne on the labels, were false and 
misleading and deceived and misled purchasers when applied to articles devoid 
of fruit juices. Misbranding was alleged for the further reason that the 
articles were offered for sale under the distinctive names of other articles.
On December 20, 1929, Minute Jelly (Inc.), Cranford, N. J., having appeared 
as claimant for the property, judgment was entered finding the products mis- 
branded and ordering their condemnation and forfeiture, and it was further 
ordered by the court that the said products might be released to the claimant 
upon payment of costs and the execution of a bond in the sum of $1,000, 
conditioned in part that they be relabeled under the supervision of this 
department.
AETHXJE M. HYDE, Secretary of Agriculture.