21145. Adulteration and Misbranding of jellies.   U. S. v. Lutz & Schramm
Co.   Plea of guilty.   Fine, $100 and costs.     (F. & D. no. 27557.    I. S. 
nos. 30586, 30587, 30589, 30591.)
This action was based on the interstate shipment of quantities of imitation 
jellies consisting of mixtures of water, sugar, tartaric acid, and small amounts 
of fruit juices, jellied by the addition of pectin. The articles did not possess 
the distinctive flavor of the fruits named on the labels.
On September 10, 1932, the United States attorney for the Western District 
of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed 
in the district court an information against the Lutz & Schramm Co., a corpora- 
tion, Pittsburgh, Pa., alleging shipment by said company in violation of the 
Food and Drugs Act, on or about April 11, 1931, from the State of Pennsylvania 
into the State of Massachusetts, of quantities of jellies that were adulterated 
and misbranded. The articles were labeled in part: " Quakerlade Brand Fruit 
Pectin and Apple [or " Currant", " Plum", or " Strawberry"] Jelly Lutz & 
Schramm Co. Pittsburgh, Pa."
It was alleged in the information that the articles were adulterated in that 
mixtures of water, sugar, and tartaric acid, jellied by the addition of pectin, 
had been mixed and packed therewith so as to reduce and lower and inju- 
riously affect their quality and strength; for the further reason that imita- 
tions of apple, currant, plum, and strawberry jellies, i. e., mixtures of water, 
sugar, tartaric acid, and little, if any, fruit juices, jellied by the addition of 
pectin, had been substituted in whole and in part for the articles; and for the 
further reason that the articles were mixed so as to simulate the flavor of 
fruit pectin and apple (or plum, currant, or strawberry) jellies, and in a manner 
whereby their inferiority to said jellies was concealed.
Misbranding was alleged for the reason that the statements, " Fruit Pectin, 
and Apple [or " Currant", " Plum ", or " Strawberry "] Jelly ", borne on the 
labels were false and misleading, and for the further reason that the articles 
were labeled so as to deceive and mislead the purchaser, in that the said state- 
ments represented that the articles consisted wholly of fruit pectin and apple, 
plum, currant, or strawberry jellies, whereas they did not so consist, but did 
consist in large part of water, sugar, and tartaric acid, jellied by the addi- 
tion of pectin and contained little or no fruit. Misbranding was alleged for 
the further reason that the articles were imitations of and were offered for 
sale and sold under the distinctive names of other articles.
On May 25, 1933, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $100.
M. L. WILSON, Acting Secretary of Agriculture.