2938. Adulteration and misbranding of preserves.    U. S. v.. 20 Cases of Preserves.
Default decree of condemnation and destruction. (F. D. C. No. 5112. 
Sample No. 53904-E.)
Examination showed that this product was deficient in fruit, and the soluble 
solids content was less than 68 pei cent. 
On July 21, 1941, the United States attorney for the District of Arizona filed 
a libel against 20 cases, each containing 12 2-pound jars of strawberry preserves 
at Kingman, Ariz., alleging that the article had been shipped in interstate com- 
merce on or about April 18, 1941, by Golden West Products Co. from Los Angeles, 
Calif.; and charging that it was adulterated and misbranded. It was labeled 
in part: "Bonnie Brae Brand Pure Strawberry Preserves."
The article was alleged to be adulterated in that an imitation strawberry pre- 
serve, deficient in fruit and soluble solids, had been substituted wholly or in 
part for strawberry preserves.
It was alleged to be misbranded (1) in that the name "Pure Strawberry 
Preserves" was false-and misleading as applied to an article that was deficient
in fruit and soluble solids; (2) in that it was an imitation of another food and 
its label failed to bear in type of uniform size and prominence the word "imi- 
tation" and immediately thereafter the name of the food imitated; and (3) in 
that it purported to be a food for which a definition and standard of identity 
had been prescribed by regulations as provided by law, but it failed to conform 
to such definition and standard since it was deficient in fruit and soluble solids.
On October 8, 1941, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.