17362. Adulteration and Misbranding of jellies. TJ. S. v. 2 Cases of Rasp- 
berry Pectin Jelly, et al. Default decree of condemnation and 
forfeiture. Product ordered destroyed or delivered to charitable 
institution.     (F.  & D.  No. 24692.     I. S.  No.  019247.     S. No.  3010.)
On March 28, 1930, the United States attorney for the District of Oregon, act- 
ing 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 8 cases of various jellies, remaining in the original unbroken packages at 
Portland, Oreg., alleging that the articles had been shipped by C. R. Merrifield 
& Co., from Seattle, Wash., in two lots on or about October 12 and 16, 1930 
(1929), and transported from the State of Washington into the State of Oregon, 
and charging adulteration and misbranding in v'olation of the food and drugs 
act. The articles were labeled in part: " Merrifleld's Raspberry [or " Straw- 
berry" or "Loganberry" or "Blackberry"] Pectin Jelly Acid Added * * * 
C. R. Merrifield & Co., Seattle, Wash."
It was alleged in the libel that the articles were adulterated in that imitation 
jellies had been mixed and packed with the said articles, and had been substi- 
tuted in whole or in part for raspberry pectin jelly, strawberry pectin jelly, 
loganberry pectin jelly, and blackberry pectin jelly. Adulteration was alleged 
with respect to the raspberry and strawberry flavored jellies for the further 
reason that they were colored in a manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the designations, "Raspberry 
Pectin Jelly,"' " Strawberry Pectin Jelly," " Loganberry Pectin Jelly," and 
" Blackberry Pectin Jelly," were false and misleading and deceived and misled 
the purchaser. Misbranding was alleged for the further reason that the 
articles were imitations of raspberry pectin jelly, strawberry pectin jelly, logan- 
berry pectin jelly, and blackberry pectin jelly, as the case might be.
On May 12, 1930, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the products be destroyed, or distributed to charitable institutions, by the 
United States marshal.
ABTHTJE M. HYDE, Secretary of Agricu'tiire.