NOTICE OF JUDGMENT NO. 989, FOOD AND DRUGS ACT.
ADULTEEATION AND MISBRANDING OF A FOOD PRODUCTS" CHOCO- 
LATE CEEMOLIN."
During August, October, and November, 1910, there were shipped 
from the State of New York into the State of Pennsylvania, in all, 
ten cans of a food product, each of which said cans was labeled as 
follows: "Leo Benjamin's Chocolate Cremolin. This Cremolin con- 
tains powdered cocoa and a little harmless coloring. Office 1743 
Avenue A, New York." Samples from this shipment were procured 
and analyzed by the Bureau of Chemistry, United States Department 
of Agriculture, and the product was found to contain 5.96 per cent of 
ferric oxide and twelve parts of arsenic per million. As the above 
analysis and report thereon showed that the product was adulterated 
and misbranded within the meaning of the Food and Drugs Act of 
June 30, 1906, and liable to seizure under section 10 of the Act, the 
Secretary of Agriculture reported the facts to the United States 
Attorney for the Eastern District of Pennsylvania.
In due course a libel was filed in the District Court of the United 
States for said district against the said ten cans of Chocolate Cremo- 
lin, charging the above shipment and alleging that the product so 
shipped was adulterated in that it contained an added deleterious 
ingredient, to wit, arsenic, which might render said product in urious 
to health. The libel also alleged that the product was misbranded 
within the meaning of the act in that the label thereon bore the 
statement" This Cremolin contains powdered cocoa and a little harm- 
less coloring," which said statement was false and misleading 
because it deceived the purchaser into the belief that the product was 
powdered cocoa and a little harmless coloring matter, whereas in 
truth and in fact, said product did not consist of powdered cocoa and 
a little harmless coloring matter, but contained an added deleterious
2170°—No. 989—11
ingredient, to wit, arsenic, and did further contain a substance, to 
wit, ferric oxide, which injuriously affected the quality of said article 
of food.
On April 28, 1911, the cause coming on for hearing, and no claim- 
ant to the product having appeared and no answer having been filed, 
the court being fully informed in the premises, issued its decree, con- 
demning and forfeiting the said ten cans of Chocolate Cremolin to 
the use of the United States for the causes set forth in said libel, and 
ordering the destruction of the product by the marshal, which order 
was forthwith executed.
This notice is given pursuant to section 4 of the Food and Drugs 
Act of June 30, 1906.
JAMES WILSON, 
Secretary of Agriculture.
WASHINGTON, D. C, June £6,1911.
989
o