28628. Adulteration and misbranding of unflavored Jell-O.    U. S. v. 10 Cases and
29  Cases  of Unflavored Jell-O.     Default decrees of condemnation and 
destruction.     (F. & D. Nos. 39705, 39706.    Sample Nos. 18993-C, 18994-C.)
This product was labeled to indicate that it was plain gelatin; whereas it 
consisted of gelatin, dextrose, and citric acid.
On June 9, 1937, the United States attorney for the Eastern District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 39 cases of un- 
flavored Jell-O at St. Louis, Mo., alleging that the article had been shipped 
in interstate commerce in part on or about March 31, 1936, by General Foods 
Sales Co., and in part on or about January 7, 1937, by General Foods Corpo- 
ration, Jell-O Division, both shipments from Le Roy, N. T., and charging 
adulteration and misbranding in violation of the Food and Drugs Act.
The article was labeled in part: "Unflavored Jell-O for all recipes calling 
for Plain Gelatin * * * Pure gelatin mixed with Cerelose (pure dextrose) 
and sodium citrate Jell-O Division of General Foods Corporation Leroy, N. Y., 
Los Angeles, Cal."
It was alleged to be adulterated in that a mixture of gelatin, dextrose, and 
citric acid had been substituted in whole or in part for gelatin, which it 
purported to be.
It was alleged to be misbranded in that the following statements borne on 
the label were false and misleading and tended to deceive and mislead the 
purchaser when applied to an article that consisted of gelatin, dextrose, and 
citric acid: (Package and carton) "Unflavored * * * Plain Gelatine"; 
(circular) "Foundation Recipe fruit jelly"; (envelope) "Unflavored * * * 
Plain Gelatine. This envelope holds the exact quantity of unflavored Jell-O 
for one pint of jelly."
On October 5, 1937, no claimant having appeared, judgments of condemna- 
tion were entered and the product was ordered destroyed.
W. R. GREGG, Acting Secretary of Agriculture.