4450. Adulteration   and misbranding of jams.    IT.  S. v.  Charles  F.  Below   Co.
Plea   of   nolo   contendere.    Fine,   $50   and   costs.    (F.   D.   C.   No.   7701. 
Sample Nos. 91295-E to 91297-E, incL)
These products were deficient in fruit. The raspberry and strawberry flavors 
were insufficiently concentrated; the cherry and strawberry flavors were short 
weight.
On November 5, 1942, the United States attorney for the Northern District of 
Ohio filed an information against the Charles F. Below Co., a corporation, Ver- 
milion, Ohio, alleging shipment on or about April 9, 1942, from the State 
of Ohio into the State of Michigan of quantities of jams that were adulterated 
and misbranded. The articles were labeled in part: "Square B Brand * . * * 
Apple Raspberry [or "Cherry" or "Strawberry"] Pure Fruit Jam Packed By 
Square-B Foods Vermilion, O."
The articles were alleged to be adulterated in that imitation jams, deficient in 
fruit and, with the exception of the cherry flavor, insufficiently concentrated by 
heat, had been substituted wholly or in part for'apple raspberry jam, apple 
cherry jam, and apple strawberry jam, foods for which definitions and standards 
of identity had been promulgated pursuant to law which they purported and were 
represented to be.
They were alleged to be misbranded (1) in that the statements "Apple Rasp- 
berry * * * Jam," "Apple Cherry * * * Jam," "Apple Strawberry * * * 
Jam," borne on the labels, were false and misleading; (2) in that they were imita- 
tion jams and their labels did not bear in type of uniform size and prominence the 
word "imitation" and immediately thereafter the name of the food imitated; and 
(3) in that they purported to be and were represented as foods for which defini- 
tions and standards of identity had been prescribed by regulations promulgated 
pursuant to law, but they failed to conform to such definitions and standards of 
identity since they had not been made from mixtures containing not less than 45 
percent by weight of the fruit ingredient to each 55 parts by weight of one of the 
saccharine ingredients, and since the apple raspberry and apple strawberry jams 
had not been concentrated by heat to such point that the soluble solids content of 
the finished jams was not less than 65 percent. The apple cherry jam and apple 
strawberry jam were alleged to be misbranded further in that they were foods in 
package form and their labels did not bear accurate statements of the quantity of 
thecontents in terms of weight or measure.
On November 30, 1942/a plea of nolo contendere having been entered on be- 
half of the defendant, the court imposed a fine of $50 and costs.