5974.  Adulteration and misbranding of " Cllicorine."    U. S.   *    *    *    v. Theod- 
ore   D.   Floto   (Floto   Cllicorine   Co.).     Plea   of   guilty.     Fine,   $25.
(F. & D. No. 8319.    I. g. No. 3353-m.)
On September 4, 1917, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for said district an information against 
Theodore D. Floto, trading as the Floto Chicorine Co., New York, N. Y., 
alleging shipment by said defendant, in violation of the Food and Drugs Act, 
on January 29, 1917, from the State of New York into the State of Virginia, 
of a quantity of an article labeled in part, " Chicorine," which was adulterated 
and misbranded.
Examination of a sample of the article by the Bureau of Chemistry of this 
department showed that it consisted of a partly charred cereal product, and 
appeared to contain no chicory.
Adulteration of the article was alleged in the information for the reason 
that a certain substance, to wit, cereal, had been substituted for chicory, which 
the article purported to contain.
Misbranding of the article was alleged for the reason that the following 
statement, to wit, " Chicorine," regarding it and the ingredients and substances 
contained therein, appearing on the label, was false and misleading in that it 
represented to purchasers that the article contained a substantial amount of 
chicory, and for the further reason that it was labeled and branded as afore- 
said so as to deceive and mislead the purchaser into the belief that it contained 
chicory, when, in truth and in fact, it did not, but was composed and consisted 
largely of cereal products.
On January 2, 1918, the defendant entered a plea of guilty to the informa- 
tion, and the court imposed a fine of $25.
CARL VROOMAN, Acting Secretary of Agriculture. 
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