25910. Adulteration  and misbranding of strawberry  and raspberry preserves.
V. S. v. 30 Cartons, et al., of Alleged Strawberry and Raspberry 
Preserves. Default decrees of condemnation and destruction in two 
cases. Consent decree of condemnation, and product ordered released 
under bond to be relabeled in one case. (F. & D. nos. 36795, 36796, 
36797. Sample  nos.  43769-B  to   43775-B,   incl.,  44101-B  to  44105-B, • incl.)
These cases involved interstate shipments of so-called preserves which were 
found to be deficient in fruit and to contain added pectin.
On December 16, 1935, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court three libels praying seizure and condemnation of 257 cartons of 
so-called strawberry and so-called raspberry preserves at Boston, Mass., alleg- 
ing that the articles had been shipped in interstate commerce, on or about 
October 14 and 25, and November 12, 1935, by the Velmo Co., from New York, 
N. Y., and that they were adulterated and misbranded in violation of the Food 
and Drugs Act. The articles contained in jars were labeled: "Velmo Brand 
Pure Preserves Strawberry [or "Raspberry"] 1 Lb. Net weight [or "2 Lbs. Net 
Weight"] The Velmo Company New York, N. Y."
It was alleged that the articles were adulterated in that mixtures of sugar, 
water, and pectin had been mixed and packed with the articles so as to 
reduce and lower and affect their quality; in that mixtures of fruit, sugar, 
pectin, and moisture, containing less fruit than preserves, had been substituted 
for preserves; and in that mixtures of sugar, water, and pectin had been 
mixed with the articles in a manner whereby inferiority was concealed.
It was alleged that the, articles were misbranded in that the statements on 
the labels, "Pure Preserves Strawberry" or "Pure Preserves Raspberry", as 
the case might be, were false and misleading, and tended to deceive and mis- 
lead the purchaser when applied to products resembling preserves but which 
contained less fruit than preserves; and in that the articles were imitations 
of and offered for sale under the distinctive names of other articles.
On March 24, 1936, the United Service Stores, Inc., having appeared as 
claimant and admitted the allegations of the libel in one of the three cases, 
judgment of condemnation was entered in said case and it was ordered that 
the products be released under bond conditioned that they be relabeled.
On March 30, 1936, no claimant having appeared in the remaining two cases, 
judgments of condemnation were entered and it was ordered that the products 
in said two cases be destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.