21435. Misbranding of fruit jellies.   U. S. v. Colonial Mfg. Co., Inc., and Leamon
T. Wilkes. Pleas of guilty. Fine of $1,400 against corporation and $700 
against individual. (F. D. C. No. 35185. Sample Nos. 53191-L, 53193-L, 
53210-L, 62541-L, 62542-L.)
INDICTMENT  RETURNED:    February  8,  1954,  Western  District  of  Oklahoma,
- against Colonial Mfg. Co., Inc., Oklahoma City, Okla., and Leamon T. Wilkes, 
president of the corporation.
ALLEGED SHIPMENT : Between the approximate dates of September 24,1952, and 
March 7, 1953, from the State of Oklahoma into the States of Missouri and 
Arkansas.
LABEL IN PART: (Jar) "Colonial Pure Apple-Black Raspberry Jelly Net 
Weight 2 Lbs. Cor "12 Oz."] Manufactured by Colonial Manufacturing Co., Inc. 
Oklahoma City, Okla."; "Milligan Leader Pure Apple-Black Raspberry [or 
"Apple-Grape" or "Apple-Strawberry"] Jelly Net Wt. 12 Ozs. Distributed By 
G. D. Milligan Grocer Co. Springfield, Mo."; "Net Weight 12 Oz. Zestee 
Pure Apple-Grape Cor "Apple-Strawberry"] Jelly Manufactured by Colonial 
Manufacturing Company, Inc.   Oklahoma City, Okla."
NATURE OF CHARGE : Misbranding, Section 403 (g) (1), the articles failed to con- 
form to the definitions and standards of identity for fruit jellies since the 
articles were made from mixtures composed of less than 45 parts by weight of 
the fruit juice ingredients to each 55 parts by weight of one of the optional 
saccharine ingredients, and the articles failed also to conform to the definitions 
and standards of identity since they contained artificial coloring, which is not 
permitted by the definitions and standards as an optional ingredient of the 
jellies involved.
Further misbranding, Section 403 (e) (2), a portion of the apple-black rasp- 
berry jelly failed to bear a label containing an accurate statement of the 
quantity of the contents in that the label statement "Net Weight 2 Lbs." was 
inaccurate since the jars of the article contained less than two pounds. 
DISPOSITION: February 17, 1954. The defendants having entered pleas of 
guilty, the court fined the corporation $1,400 and the individual $700.