26323. Adulteration and misbranding of preserves. U. S. v. 17 Gases of Apple 
Peach Preserves and 20 Gases of Apple Strawberry Preserves. Decree 
ordering' release of products under bond to be relabeled.     (F. & D. no.
37589.    Sample nos. 29895-B, 29896-B.)
This case involved apple peach preserves that contained less fruit and more 
sugar than standard preserves and that contained added acid and pectin. 
The apple strawberry preserves also contained water which should have been 
boiled off in the process of manufacture.
On April 15, 1936, the United States attorney for the Middle District of 
Alabama, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 37 cases of preserves 
at Montgomery, Ala., alleging that the articles had been shipped in interstate 
commerce on or about September 7, 1935, by the Goodwin Preserving Co., from 
Louisville, Ky., and charging adulteration and misbranding in violation of the 
Food and Drugs Act. The articles were labeled in part: "Alabama Maid 
Brand Pure Apple Peach Preserves [or "Pure Apple Strawberry Preserves"]
* *    *    Distributed by Schloss & Kahn Grocery Co., Montgomery, Ala."
The articles were alleged to be adulterated in that sugar, acid, and pectin, 
In the case of the apple peach preserves, and sugar, acid, pectin, and water, in 
the case of the apple strawberry preserves, had been mixed and packed with 
the articles so as to reduce or lower their quality; in that mixtures of fruit, 
sugar, acid, and pectin, in the case of apple peach preserves, and fruit, sugar, 
acid, pectin, and water, in the case of apple strawberry preserves, containing 
less fruit and more sugar than a preserve should contain had been substituted 
for preserves, which the articles purported to be; and In that they had been 
mixed in a manner whereby inferiority had been concealed.
The articles were alleged to be misbranded in that the statements on the 
labels, "Pure Apple Peach Preserves" and "Pure Apple Strawberry Preserves", 
were false and misleading and tended to deceive and mislead the purchaser 
when applied to products resembling preserves but which contained less fruit 
than a preserve should contain; and in that they were imitations of and offered 
for sale under the distinctive names of other articles.
On July 28, 1936, Schloss & Kahn Grocery Co., Montgomery, Ala., having 
appeared as claimant, having admitted the material allegations of the libel, 
end having filed a bond, judgment was entered ordering that the products be 
released to be relabeled.
M. L. WILSON, Acting Secretary of Agriculture.