27165. Adulteration and misbranding of preserves.     V.  S. v.  Goodwin Preserv¬
ing Co. Plea of guilty. Fine, $270 and costs. (F. & D. no. 38000. 
Sample nos. 29895-B, 29896-B, 49254-B, 49256-B, 49258-B, 49259-B, 
56159-B, 56160-B, 56162-B.)
These products contained less fruit than preserves should contain. All con- 
tained added pectin and most of them contained excessive sugar, added acid, 
and excessive moisture.
On May 21, 1936, the United States attorney for the Western District of 
Kentucky, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Goodwin Preserving Co., a corpora- 
tion, Louisville, Ky., alleging shipment by said company in violation of the 
Food and Drugs Act between the dates of September 7 and December 3, 1935, 
from the State of Kentucky into the States of Alabama, Oklahoma, and Ohio of
quantities of preserves that were adulterated and misbranded. The articles 
were labeled variously in part: "Alabama Maid Brand Pure Apple Peach [or 
"Strawberry"] Preserves * * * Distributed by Schloss & Kahn Grocery Co., 
Montgomery, Alabama"; "Pure Peach [or "Damson Plum", "Black Raspberry", 
or "Blackberry"] Preserves, Goodwin Preserving Co., Incorporated, Louisville, 
Ky."; "Tip-Toe Brand * * * Blackberry Preserves, * * * Distributed 
by the Janszen Company, Cincinnati, Ohio"; "Dot Dot's Good * * * Pure 
Damson Plum [or "Peach"] Preserves, * * * Distributed by Janszen Co., 
Cincinnati, Ohio."
The preserves were alleged to be adulterated in that excess sugar, acid, and 
pectin in the case of the apple and peach; sugar, acid, pectin, and water in the 
case of the strawberry, black raspberry, and portions of the damson plum, 
peach, and blackberry; and pectin, acid, and water in the case of portions of 
the blackberry, damson plum, and peach had been mixed and packed with the 
articles so as to reduce and lower and injuriously affect their quality. The 
articles were alleged to be adulterated further in that mixtures containing less 
fruit, and in most instances more sugar, than preserves should contain, had 
been substituted for pure preserves, which the articles purported to be and in 
that they had been mixed in a manner whereby their inferiority to preserves 
had been concealed..
They were alleged to be misbranded in that the statements, "Pure Apple 
Peach Preserves", "Pure Apple Strawberry Preserves", "Pure Peach Preserves", 
"Pure Damson Plum Preserves", "Pure Black Raspberry Preserves", "Pure 
Blackberry Preserves", "Blackberry Preserves", "Damson Plum Preserves", 
"Peach Preserves", borne on the labels affixed to the cans and jars containing 
the articles, were false and misleading and in that the said statements were 
borne on the cans and jars so as to deceive and mislead the purchaser since 
they represented that the articles consisted of the above-named preserves; 
whereas they consisted of substances resembling preserves but which contained 
less fruit than preserves should contain, all lots with the exception of the apple 
peach containing water which should have been removed by boiling, the defi- 
ciency In fruit having been concealed by added pectin, and in most lots, exces- 
sive sugar and added acid. The articles were alleged to be misbranded further 
in that they consisted of mixtures containing less fruit than preserves should 
contain; were prepared in imitation of pure preserves and were offered for sale 
and sold under the distinctive names of other articles, namely, preserves.
On March 17, 1937, a plea of guilty having been entered on behalf of the 
defendant, the court imposed a fine of $270 and costs.
M. L. WILSON, Acting Secretary of Agriculture.