26613. Adulteration and misbranding of canned strawberries.   IT. S. ?. 29S Cases
of Canned Strawberries. Decree of condemnation. Product ordered 
released under bond to be relabeled. (F. <k D. no. 88309. Sample no. 
11753-C.)
This case involved canned strawberries that contained an added undeclared 
artificial color and sodium benzoate.
On September 17, 1936, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 298 cases of canned 
strawberries at Boston, Mass, alleging that the article had been shipped in 
Interstate commerce on or about June 24, 1936, by the Apple Growers Associa- 
tion from Hood River, Oreg., and charging adulteration and misbranding in 
violation of the Food and Drugs Act. The article was labeled in part: (Cans) 
"Johnson's Bestovall Brand Hood River Whole Strawberries * * * H. A. 
Johnson Co. Boston and New York Distributors."
The article was alleged to be adulterated in that artificially colored straw- 
berries containing sodium benzoate had been substituted for the article.
The article was alleged to be misbranded in that it was labeled or branded 
so as to deceive and mislead the purchaser, since the added artificial color 
and sodium benzoate contained therein were not declared on the label.
On September 25, 1936, the H. A. Johnson Co., Boston, Mass., having appeared 
as claimant and having admitted the allegations of the libel, judgment of 
condemnation was entered and it was ordered that the product be released 
under bond, conditioned that the labels be obliterated or destroyed and that 
new labels describing the true nature of the article and the true quantity of 
the contents of each can replace the original labels.
M. L. WILSON, Acting Secretary of Agriculture.