18591. Adulteration and Misbranding of Jack Sprat brand gelatin dessert
powder.    U. S. v. 14% Dozen Packages, et al., of Jack Sprat Brand 
Gelatin Dessert Powder.    Default decrees of destruction entered.
(F. & D. Nos. 26269, 26342.    I. S. Nos. 24923, 24996.    S. Nos. 4587, 4629.)
Examination of the dessert powder from the shipments herein described 
having shown that the article was an imitation grape-flavored gelatin dessert 
powder and that it was represented to be a fruit-flavored product, the Secre- 
tary of Agriculture reported the matter to the United States attorney for the , 
District of Minnesota. 
\
On May 9, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid libels praying seizure and condemna-
tion of 23 dozen packages -of the said Jack Sprat brand gelatin dessert powder, 
remaining in the original unbroken packages at Minneapolis, Minn., alleging 
that the article had been shipped by the Western Grocer Mills, from Marshall- 
town, Iowa, in part on or about March 12, 1931, and in part on or about March 
17, 1931; and had been transported from, the State of Iowa into the State of 
Minnesota, and charging adulteration and misbranding in violation of the food 
and drugs act. The article was labeled in part: (Carton) "Jack Sprat Brand 
Gelatin Dessert Powder * * * Composed of pure gelatin, sugar, pure 
fruit flavor, fruit acid from grapes and vegetable color.. Grape Flavor * * * 
Packed by Western Grocer Mills, Marshalltown, Iowa."
Adulteration of the article was alleged in the libel filed with respect to a 
portion of the article for the reason that an artificially colored imitation grape- 
flavored product had been substituted for a pure fruit grape-flavored product, 
which the article purported to be. Adulteration was alleged with respect to the 
remainder of the article for the reason that a gelatin dessert powder containing 
imitation grape flavor had been substituted for pure fruit-flavored, to wit, grape- 
flarored, gelatin dessert powder, which the article purported to be.
Misbranding was alleged for the reason that the statements on the label, 
" Grape Flavor " and " Pure Fruit Flavor," were false and misleading and de- 
ceived and misled the purchaser.
On June 22, 1931, no claimant having appeared for the property, judgments 
were entered ordering that the product be destroyed by the United States 
marshal.
AETHTTB M. HYDE, Secretary of Agriculture.