22913. Misbranding of preserves and orange marmalade. U. S. v. 15 Cases 
of Raspberry Preserves, et al. Products released under bond to 
be relabeled. (IT. & D. nos. 32822, 32975. Sample nos. 72357-A, 72359-A, 
72361-A, 72387-A, 72389-A, 72391-A.)
Sample jars of preserves and marmalade taken from the shipments involved 
in these cases were found to contain less than 1 pound, the labeled weight.
On June 6 and June 19, 1934, the United States attorney for the District of 
Utah, acting upon reports by the Secretary of Agriculture, filed in the district 
court libels praying seizure and condemnation of 15 cases of raspberry pre- 
serves, 136 cases of strawberry preserves, 67 cases of assorted preserves, and 
27 cases of orange marmalade at Salt Lake City, Utah, alleging that the 
articles had been shipped in interstate commerce, in various consignments 
between April 20, 1933, and October 10, 1933, by the National Fruit Canning 
Co., from Seattle, Wash., and charging misbranding in violation of the Food 
and Drugs Act as amended. The articles were labeled in part: (Jars) "Con- 
tents 1 Lb. Valamont Brand Pure Raspberry [or " Strawberry ", " Pineapple ", 
" Peach ", " Cherry ", or "Apricot-Pineapple "] Preserves [or " Orange Marma- 
lade "] National Fruit Canning Co., Seattle, Wash."
The articles were alleged to be misbranded in that the statement on the 
labels, " Contents One Lb.", was false and misleading and tended to deceive 
and mislead the purchaser, since all products, with the exception of the apricot- 
pineapple preserves in one of the assorted lots, were found to be short weight. 
Misbranding was alleged for the further reason that the articles, with the 
exception of the said apricot-pineapple preserves, were food in package form 
and the quantity of the contents was not plainly and conspicuously marked on 
the outside of the packages, since the statement made was incorrect.
The National Fruit Canning Co. filed a claim and answer admitting the 
allegations of the libels, filed good and sufficient bonds in conformity with 
the law, and petitioned release of the property. On July 14, 1934, degrees 
were entered ordering the products released to the claimant to be relabeled, 
and taxing costs against claimant.
M. L. WrLSoir, Acting Secretary of Agriculture.