3849. Misbranding of gelatin dessert.    U. S. v. 21 Boxes, 21 Boxes, and 42 Boxes
of Gelatin Dessert.    Default decree of condemnation and destruction.
(F. D. C. No. 7374.    Sample Nos. 90229-B to 90231-E, incl.)
Each box of this product contained 6 wax paper envelopes of gelatin, which 
were packed upright in the box. each end open, but folded over and clipped. The 
powder occupied about one-third the height of the envelopes. The powder without 
the envelopes occupied on an average only about 15 percent of the space in 
the box.
On April 21, 1942, the United States attorney for the District of Massa- 
chusetts filed a libel against 84 boxes of gelatin dessert at Brookline, Mass., 
alleging that the article had been shipped in interstate commerce on or about 
March 25, 1942, by Dietetic Food Co. Inc., from Brooklyn, N. Y.; and charging 
that it was misbranded in that its -containers were so made, formed, or filled 
as to be misleading since the box and envelopes were too large for the amount 
of gelatin they contained. The article was labeled in part: "Dia-Mel * * * 
Gelatin Dessert Orange Flavor or ["Imitation Strawberry" or "Assorted"]."
On June 15, 1942, no claimant having appeared, judgment of condemnation was 
•entered and the product was ordered destroyed.