27837. Adulteration of blackberry preserve.    U. S. v. 24 Cases, each containing
among other products, one or two cans of Blackberry Preserve. De- 
fault decree of condemnation and destruction. (F. & D. No. 39305. 
Sample Nos. 23974-C, 36153-C.)
Examination showed that the blackberry preserve in this shipment was made 
from moldy blackberries.
On May 20,1937, the United States attorney for the District of Montana, acting 
upon a report by the Secretary of Agriculture, filed in the district court a libel 
praying seizure and condemnation of 24 cases, each containing among other 
products one or two cases of blackberry preserve, at Missoula, Mont., alleging 
that the article had been shipped in interstate commerce on or about December 
21, 1936, by Eyres Transfer & Warehouse Co. from Seattle, Wash., and charging 
adulteration in violation of the Food and Drugs Act. The cases were labeled 
in part: "School Boy * * * Preserves Packed for The Rogers Co." The 
blackberry preserve was labeled in part: "School Boy Brand Pure Blackberry 
Preserves Distributed by the Rogers Co., Seattle."
The blackberry preserve was alleged to be adulterated in that it consisted in 
whole or in part of a filthy, decomposed, and putrid vegetable substance, moldy 
blackberries.
On July 30, 1937, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARBY L. BROWN, Acting Secretary of Agriculture.