21071. Adulteration and Misbranding of jellies.    IT. S. v. 40 Cases of Jelly.
Default   decree    of   condemnation,   forfeiture,   and   destruction.
(F. & D. no. 29919.    Sample nos. 26444-A, 26445-A. 26446-A.)
This case involved an interstate shipment of variously flavored jellies. 
Examination showed that certain of the products consisted of artificially colored 
and artificially flavored imitation jellies.
On March 9, 1933, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 40 cases of assorted jellies at 
Baltimore, Md., alleging that the articles had been shipped in interstate com- 
merce, on or about November 11, 1932, and January 6, 1933, by the Waynesboro 
Fruit Exchange, from Waynesboro, Pa., and charging that the currant-, rasp- 
berry-, and strawberry-flavored jellies were adulterated and misbranded in 
violation of the Food and Drugs Act. The articles were labeled in part: 
" Eclipse Brand * * * Apple Jelly, Waynesboro Fruit Exchange, Waynes- 
boro, Pa." Certain of the jellies were further labeled: " Currant [or " Rasp- 
berry " or " Strawberry "] Flavored Artificially Colored."
It was alleged in the libel that the currant-, raspberry-, and strawberry- 
flavored jellies were adulterated in that artificially flavored and artificially 
colored imitation jellies had been substituted for the said articles. Adulteration 
was alleged for the further reason that the articles had been colored in a manner 
whereby inferiority was concealed.
Misbranding was alleged for the reason that the statements on the labels, 
"Apple Jelly Currant Flavored", "Apple Jelly Raspberry Flavored", and 
"Apple Jelly Strawberry Flavored", were false and misleading and deceived 
and misled the purchaser, when applied to artificially colored and artificially 
flavored imitation jellies. Misbranding was alleged for the further reason that 
the articles were imitations of and offered for sale under the distinctive names 
of other articles.
On June 15, 1933, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.