25945. Misbranding  and   alleged  Adulteration of  strawberry  preserves.     U.  S.
v. 9 Gases of Strawberry Preserves. Default decree of condemnation 
and destruction.    (F. & D. no. 37282.    Sample no. 65467-B.)
This case involved alleged strawberry preserves which were found to consist 
of an insufficiently concentrated mixture of fruit and sugar containing added 
acid and pectin.
On March 4, 1936, the United States attorney for the District of Rhode 
Island, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of nine eases of strawberry 
preserves at Rumford (Bast Providence), R. I., alleging that the article had 
been shipped in interstate commerce on or about January 8, 1936, by the May- 
flower Products Inc., from South Boston, Mass., and charging adulteration and 
misbranding in violation of the Food and Drugs Act. The article was labeled 
in part: "Singer Brand * * * Pure Strawberry Preserves Packed for 
Singer Tea Go.   Providence, R. I."
The article was alleged to be adulterated in that acid and pectin had been 
mixed and packed with the article so as to reduce or lower its quality; in that 
an insufficiently concentrated mixture of fruit, sugar, acid, and pectin had been 
substituted for preserves; and in that acid and pectin had been mixed with the 
article in a manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the designation "Pure Straw- 
berry Preserves" was false and misleading, and deceived and misled the pur- 
chaser when applied to a product that resembled preserves but which was 
insufficiently concentrated and contained added acid and pectin. Misbranding 
was alleged for the further reason that the article was an imitation of and 
was offered for sale under the distinctive name of another article.
On March 18, 1936, no claimant having appeared, judgment was entered find- 
ing the product misbranded and ordering that it be condemned and destroyed.
W. R. GREGG, Acting Secretary of Agriculture.