16599. Misbranding of gelatin dessert.   U. S. v. 15 Cases   *   *   *.    (F. D. C
No. 29403.    Sample No. 67510-K.) 
LIBEL FILED :    July 17,1950, District of Maryland.
ALLEGED SHIPMENT: On or about May 29,1950, by the Vernon Food Corp., from 
Mount Vernon, N. Y.
PRODUCT: 15 cases, each containing 48- 3-ounce packages, of gelatin dessert at 
Baltimore, Md.
LABEL IN PART : (Package) "Vitamin Enriched Tic Toe True Fruit Strictly 
Kosher Grape [or "Pineapple," "Raspberry," "Cherry," or "Strawberry"] 
Flavor   Gelatin Dessert."
NATURE OF CHARGE: Misbranding, Section 403 (a), the label designation "True 
Fruit Grape Flavor [or "Strawberry," "Cherry," "Raspberry," or "Pine- 
apple"]," together with a vignette of bunches of grapes (or strawberries, 
cherries, raspberries, or pineapples) and the statements "The Flavor of the 
Fresh Fruit Itself * * * contains only true fruit flavors captured from 
the fresh fruit itself * * * Delicious as the fresh fruit itself," were false 
and misleading as applied to the article, which was artificially flavored; and 
the label statement "Vitamin Enriched" was false and misleading since it 
implied the addition of other vitamins than vitamin Bi.
Further misbranding, Section 403 (j), the article purported to be and was 
represented as a food for special dietary uses by reason of its vitamin content, 
and its label failed to bear as required by regulations a statement of the 
proportion of the minimum daily requirement for vitamin Bi supplied by the 
article when consumed in a specified quantity during a period of one day.
DISPOSITION : August 15, 1950. Default decree of condemnation. The court 
ordered that the product be delivered to a charitable institution.