12799. Misbranding of pudding mix.    U. S. v. 49 Cases    *    *    *.    (F. D. C. No.
21841.    Sample No. 52468-H.)
LIBEL FILED :   December 9,1946, Middle District of Pennsylvania.
ALLEGED SHIPMENT : On or about November 21,1946, by Russell Allied Industries, 
from Columbus, Ohio.
PRODUCT: 49 cases, each containing 29 2-ounee cartons, of pudding mix at 
Hanover, Pa. Examination showed that each carton of the product contained 
two paper bags of a powder mixture containing no sugar or dairy ingredient. 
The bags occupied only about 70 percent of the volume of the carton.
LABEL, IN PART : "So-Ezy Pie and Pudding Mix 2 Oz. or Over." The directions 
for use were printed in small type on the back panel of the carton.
NATURE OF CHARGE : Misbranding, Section 403 (a), the label statements, "So-Ezy 
Pie and Pudding Mix * * * Makes 2 Pies or 12 Servings Dessert * * * 
Unexcelled for pies, puddings, custards, cake fillings," were false and misleading 
because they failed to reveal conspicuously the material fact that expensive in- 
gredients, sugar and milk, must be added; and, Section 403 (d), the container 
of the article was so filled as to be misleading.
DISPOSITION: February 10, 1947. No claimant having appeared, judgment of 
condemnation was entered and the product was ordered destroyed.