27931. Adulteration and misbranding of assorted preserves.    U. S. v. The J. M.
Smnckcr Co.    Plea of nolo contendere.    Fine, $50 and costs.     (F. & D.
No. 37983.   Sample Nos. 55517-B, 55518-B, 55519-B.)
These products contained less fruit and more sugar than preserves should 
contain. The blackberry contained added pectin; the peach, added acid; and the 
red raspberry, both added acid and pectin.
On August 14, 1936, the United States attorney for the Northern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against the J. M. Smucker Co., Orrville, Ohio, alleging ship- 
ment by said company on or about January 7 and January 22, 1936, from the 
State of Ohio into the State of Michigan of quantities of preserves that were 
adulterated and misbranded in violation of the Food and Drugs Act. They were 
labeled variously in part: (Jars) "Quaker Pure Blackberry [or "Peach" or 
"Red Raspberry"] Preserves   *   *   *   Lee and Cady Distributors Michigan."
The articles were alleged to be adulterated in that products consisting of 
mixtures of (1) blackberries, sugar, and pectin; (2) peaches, sugar, and acid; 
and (3) red raspberries, pectin, acid, and sugar—said mixtures containing less 
fruit and more sugar than preserves should contain—had been substituted for 
preserves, which they purported to be; in that sugar and pectin in the case of the 
blackberry, sugar and acid in the case of the peach, and sugar, pectin, and acid 
in the case of the red raspberry, had been mixed with the articles so as to 
reduce or lower their quality; and in that they had been mixed in a manner 
whereby their inferiority had been concealed.
They were alleged to be misbranded in that the following statements "Pure 
Blackberry Preserves," "Pure Peach Preserves," and "Pure Red Raspberry 
Preserves," were false and misleading in that the articles were labeled as 
aforesaid so as to deceive and mislead the purchaser; and in that they were 
imitations of and were offered for sale under the distinctive names of other 
articles.
On November 8, 1937, a plea of nolo contendere was entered on behalf of the 
defendant and the court imposed a fine of $50 and costs.
HABBT L. BROWN, Acting Secretary of Agriculture.