12788. Adulteration and misbranding of lemon pie crust and filling- and chocolate
pie crust and filling.   U. S. v. 9 Gases, etc.    (F. D. C. No. 24296.    Sample 
Nos. 10265-K, 10266-K.)
LIBEL FILED :   January 6,1948, Southern District of New York.
ALLEGED SHIPMENT: On or about October 23, 1947, by 6-O'clock Foods, Inc.,, 
from Norristown, Pa.
PRODUCT: 9 cases, each containing 24 packages, of lemon pie crust and filling 
and 12 cases, each containing 24 packages, of chocolate pie crust and filling, 
at Kingston, N. Y.
LABEL, IN PART : "7-Mint Complete Lemon Pie Crust and Filling Ingredients: 
Flour, shortening, corn starch, fruit acid, lemon oil, salt, baking powder and
certified color * * * Directions * * * Add % cup sugar * * * Add 
1 egg," and "7-Minit Complete Chocolate Pie Crust and Filling Ingredients: 
Flour, shortening, corn starch, cocoa', salt, baking powder and artificial flavoring 
* * * Directions * * * Add sugar to taste (% cup) * * * Stir in 
slowly y2 cup cold milk.   *   *   *   Then add 2 more cups cold milk."
NATURE OF CHARGE : Adulteration, Section 402 (b) (1), valuable constituents of 
lemon pie filling, eggs, sugar, and lemon juice, and valuable constituents of 
chocolate pie filling, sugar and milk, had been in whole or in part omitted.
Misbranding, Section 403 (a), the label designations "Complete Lemon Pie 
Crust and Filling" and "Complete Chocolate Pie Crust and Filling" were false 
and misleading as applied to products which would not make complete pie 
fillings, since they required the addition of ingredients by the purchaser.
DISPOSITION: January 28, 1948. No claimant having appeared, judgment of 
condemnation was entered and the products were ordered delivered to a 
charitable institution.