26654. Adulteration   and misbranding of  preserves.    IT.   S.   v.  The  Velmo   Co.,
Lionel E. Samuels, and Samuel A. Samuels. Pleas of guilty. Fines, 
$100 on each count as to each of the three defendants. Payment re- 
mitted on all counts but first as to all defendants. (P. & D. no. 37031. 
Sample nos. 43769-B to 43775-B, incl., 44101-B to 44105-B, incl., 44120-B, 
44121-B, 65862-B to 65865-B, incl.)
These products contained less fruit and more sugar than preserves should 
contain. All lots contained added pectin, most lots contained excessive moisture, 
and some also contained added phosphate.
On October 8, 1936, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Velmo Co., a corporation, and Lionel 
E. Samuels and Samuel A. Samuels, officers of said corporation, of New York, 
N. Y., alleging shipment by said defendants in violation of the Food and Drugs 
Act between the approximate dates of October 14, 1935, and February 7, 1936, 
from the State of New York into the State of Massachusetts of quantities of 
strawberry and raspberry preserves which were adulterated and misbranded. 
Portions of the articles were labeled: "Velmo Brand Pure Preserves Strawberry 
[or "Raspberry"] The Velmo Company New York, N. Y." The remainder were 
labeled: "Golden West * * * Pure Raspberry [or "Strawberry"] Preserves 
*   *    *   Golden West Preserve Company, San Francisco and New York."
The Velmo brand preserves were alleged to be adulterated in that mixtures 
of strawberries or raspberries containing pectin and moisture, and less fruit 
and more moisture than are contained in preserves, had been substituted 
wholly for pure strawberry preserves and pure raspberry preserves, respec- 
tively, which the articles were represented to be. The Golden West brand 
preserves were alleged to be adulterated in that mixtures of raspberries or 
strawberries containing sugar and pectin and, in some instances, water and 
phosphate and containing less fruit and more sugar than are contained in 
preserves, had been substituted for pure strawberry preserves., and pure rasp- 
berry preserves, respectively, which the articles were represented to be; in 
that sugar and pectin and, in some instances, water and phosphate had been 
mixed with the articles so as to reduce or lower their quality; and in that 
the articles were inferior to strawberry and raspberry preserves, and had been 
mixed in a manner whereby such inferiority was concealed.
The articles were alleged to be misbranded in that the statements, "Pure 
Preserves Strawberry", "Pure Preserves Raspberry", "Pure Raspberry Pre- 
serves", and "Pure Strawberry Preserves", borne on the labels, were false and 
misleading and in that by the appearance of the aforesaid statements on the 
jar labels, the articles were labeled so as to deceive and mislead the purchaser, 
since they were not pure strawberry preserves and pure raspberry preserves, 
respectively. Misbranding was alleged for the further reason that the articles 
were imitations of strawberry and raspberry preserves and had been offered 
for sale under the distinctive names of said articles.
On November 16, 1936, pleas of guilty were entered on behalf of the defend- 
ants and the court imposed a fine of $100 on each count against each defendant, 
or $300 in all on each count. Payment of fines on all counts but the first, 
was remitted as to all defendants.
M. L. WILSON, Acting Secretary of Agriculture.