19701. Adulteration and Misbranding of Jack Sprat grape flavor gelatin
dessert powder. U. S. v. Western Grocer Co., a corporation. 
Plea of guilty. Fine of $40 and costs. (F. & D. No. 27441. I. S. Nos. 
24923, 24996.)
This action was based on the interstate shipment of quantities' of gelatin 
dessert powder which was found to contain artificial grape flavoring.
On March 21, 1932, the United States attorney for the Southern District of 
Iowa, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for the district aforesaid an information against 
the Western Grocer Co., a corporation, Marshalltown, Iowa, alleging shipment 
by said company, under the name of Western Grocer Mills, in violation of 
the food and drugs act, on or about March 12, 1931, from the State of Iowa 
into the State of Minnesota, of quantities of gelatin dessert powder that was 
adulterated and misbranded. The article was labeled in part: (Shipping pack- 
age) "Grape Jack Sprat Jelly Powder;" (retail carton) "Jack Sprat Grape 
Flavor Gelatin Dessert Powder composed of pure gelatine, sugar, pure fruit 
flavor, fruit acid from grapes and vegetable color. * * * Packed by Western 
Grocer Mills, Marshalltown, Iowa."
It was alleged in the information that the article was adulterated in that 
an imitation grape flavored gelatin dessert powder had been substituted for 
grape jelly powder and for grape flavor gelatin dessert powder, which the article 
purported to be.
Misbranding was alleged for the reason that the statements, to wit, " Grape 
* * * Jelly Powder," " Grape Flavor Gelatin Dessert Powder," and " Pure 
Fruit Flavor," were false and misleading, and for the further reason that the 
article was labeled as aforesaid so as to deceive and mislead the purchaser, 
since it was not grape jelly powder, and was not grape flavor gelatin dessert 
powder composed in part of pure fruit flavor, but was an artificially colored 
and flavored product which contained little, if any, grape.
On April 9, 1932, a plea of guilty to the information was entered an behalf 
of the defendant company, and the court imposed a fine of $40 and costs.
HENEY A.  WALLACE,  Secretary of Agriculture.