13745. Adulteration and misbranding? of assorted jellies.    V. S. v. 50 Gases
of Assorted Jellies. Products released under bond to be rela- 
beled. (F. & D. No. 17500. I. S. Nos. 5527-v, 5528-v, 5529-v, 5530-v. 
S. No. C-3970.)
On May 7, 1923, the United States attorney for the District of North Dakota, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district a libel praying the seizure and condemna- 
tion of 50 cases of jellies, remaining in the original unbroken packages at 
Fargo, N. D., alleging that the articles had been shipped by the Wheeler- 
Barnes Co., from Minneapolis, Minn., on or about July 22, 1922, and trans- 
ported from the State of Minnesota into the State of North Dakota, and 
charging adulteration and misbranding in violation of the food and drugs act 
as amended. The articles were labeled in part: "Argood Brand Apple and 
Grape" (or "Strawberry" or "Raspberry" or "Currant") "Jelly 55% 
Sugar 35% Apple 10%    *    *    *    Juice   Net Weight 6y2 Oz."
Adulteration of the articles was alleged in the libel for the reason that 
pectin had been mixed and packed therewith so as to reduce, lower, and 
injuriously affect their quality and strength, and in that a product consist- 
ing of sugar and pectin had been substituted in part for fruit juice and sugar.
Misbranding was alleged in substance for the reason that the statements 
borne on the packages containing the said articles, "Argood Brand Apple and
Grape Jelly 55% Sugar 35% Apple 10% Grape Juice," "Argood Brand Apple 
and Strawberry Jelly 55% Sugar 35% Apple 10% Strawberry Juice," " Argood 
Brand Apple and Raspberry Jelly 55% Sugar 35% Apple 10% Raspberry 
Juice," or "Argood Brand Apple and Currant Jelly 55% Sugar 35% Apple 10% 
Currant Juice," as the case might be, were false and misleading, in that the 
labels did not show that the jellies contained pectin, and in that the said state- 
ments represented that the articles consisted entirely of sugar, apple, and the 
respective fruit juices declared on the labels, whereas the said jellies were 
not composed of the substances declared on the labels but contained in addi- 
tion thereto the substance, pectin. Misbranding was alleged in substance for 
the further reason that the statements " 55% Sugar 35% Apple 10% Grape" 
(or other fruit) "Juice," were false and misleading and deceived and misled 
the purchaser, and for the further reason that the articles were in package 
form and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the packages.
On July 30, 1923, the Wheeler-Barnes Co., Minneapolis, Minn., having ap- 
peared as claimant for the property, the products were released to the said claim- 
ant upon the execution of a bond in the sum of $150, conditioned in part that they
be relabeled " Pure Pectin Jelly With Added Fruit Acid, Colored with  
Juice," with the name of the fruit juice used inserted in the blank, and that 
the labels bear a correct net weight declaration.
R. W. DUNLAP, Acting Secretary of Agriculture.