27443. Adulteration and misbranding of preserves.     U. S. v. The W. M. Spencer
Sons Co.     Plea of guilty.     Fine, $120.     (F. & D. no. 39440.    Sample nos. 
5331-C to 5536-C, incl.)
These products were represented to be preserves but contained less fruit and 
more sugar than standard preserves should contain. All lots contained added 
pectin and acid, and with the exception of one of the two shipments of straw- 
berry preserves, they contained water that should have been boiled off in the 
process of manufacture. The labels of all lots but one failed to declare the 
benzoate of soda present in the articles.
On April 26, 1937, the United States attorney for the Southern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against the W. M. Spencer Sons Co., Cincinnati, Ohio, 
charging shipment by said defendant in violation of-the Food and Drugs Act 
on or about June 12, July 15, and July 16, 1936, from the State of Ohio into 
the State of Kentucky of quantities of preserves which were adulterated and 
misbranded. Certain lots were labeled in part: "Spencer * * * Strawberry 
[or "Raspberry", "Blackberry", or "Peach"] Preserves." The remaining lots 
were labeled in part: "Spencer Pure Cherry [or "Strawberry"] Preserves 
*    *    *    Manufactured by the W. M. Spencer Sons Co., Cincinnati, Ohio."
The articles were alleged to be adulterated in that substances containing 
sugar, acid, and pectin—and (with the exception of one of the lots of the straw- 
berry variety) water which should have been removed in the process of cook- 
ing, had been mixed and packed with the articles so as to reduce and lower 
their quality as preserves; in that substances containing mixtures of fruit, 
acid, and pectin, and sugar in a proportion to fruit larger than is contained 
in preserves, and (with the exception of one lot of strawberry preserve) also 
containing water which should have been removed in the process of cooking, 
had been substituted wholly for products which the labels represented the 
articles to be, namely, preserves; and in that the articles were inferior to 
preserves and their inferiority was concealed by the mixing and packing as 
aforesaid.
The articles were alleged to be misbranded in that there were borne upon 
the labels the statements "Strawberry Preserves", "Raspberry Preserves", 
"Blackberry Preserves", "Peach Preserves", "Cherry Preserves", and "Pure 
Strawberry Preserves"; that the articles were not preserves; that they were 
substances containing mixtures of fruit, acid, and pectin, and (with the ex- 
ception of one lot of the strawberry variety) also containing water which 
should have been removed in the process of cooking, and sugar in a proportion 
to fruit larger than is contained in preserves; that said statements were false 
and misleading; and in that by said statements the articles were labeled so 
as to deceive and mislead the purchasers; and in that the articles were imi- 
tations of preserves and had been offered for sale under the distinctive names 
of other articles, namely, strawberry, raspberry, blackberry, peach, and cherry 
preserves. Misbranding was alleged with respect to all lots with the excep- 
tion of one lot of the strawberry variety for the further reason that the articles
contained benzoate of soda, and the labels did not show the presence and 
amount of benzoate of soda contained therein.
On June 3, 1937, a plea of guilty was entered on behalf of the defendant and 
the court imposed a fine of $120.
M. W. WILSON, Acting Secretary of Agriculture.