7640. Adulteration and misbranding- of a product purporting to be cocoa. 
U. s. * * * v. 384 Packages * * * and 060 Packages * * * of 
a Product Purporting- to be Cocoa. Default decree of condemna- 
tion, forfeiture, and destruction. (F. & D. Nos. 11196-11205, inc., 11228, 
11229.    I.  S. Nos. 7638-r, 7639-r.     S. No.  C-1460.)
On September 17, 1919, the United States attorney for the District of Indiana, 
acting upon a-report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district a libel for the seizure and condemnation 
of 384 packages, each containing \ pound, and 960 packages, each containing 
? pound, of a product purporting to be cocoa, remaining unsold in the original 
unbroken packages at Marion, Ind., alleging that the article had been shipped 
on or about March 24, 1919, by the N-ational Cocoa Mills, New York, N. Y., and 
transported from the State of New York into the State of Indiana, and charg- 
ing adulteration and misbranding in violation of the Food and Drugs Act, as 
amended.    The article was labeled, " My Own Pure Cocoa.   Net Weight one-
fifth pound " or " one-half pound," as the case may be, " * * * The Cocoa 
Contained in this package is Positively High Grade and guaranteed by the 
manufacturers to comply with all Federal and State Food Laws. It is a 
breakfast cocoa of Superior Quality and Excellence * * * Absolutely Pure 
No Alkalis No Chemicals * * * " (inconspicuously stamped on side panel) 
" My own cocoa compound containing corn starch cocoa sugar."
It was?alleged in substance in the libel that the strength and purity of the 
product fell below the standard professed in the marks and brands as above 
quoted, and [it] was not the product that it purported to be by the aforesaid 
marks and brands, and that certain foreign substances had been substituted in 
whole or in part for cocoa, so as to reduce and krwer and injuriously affect the 
quality and strength of the article, and that the same was adulterated.
It was further alleged in substance that the aforesaid marks and brands on 
each of the packages, regarding the article, were false and misleading in that 
the article was an imitation of the product which it purported to be by the afore- 
said marks and brands; it was further alleged that the product was an imita- 
tion of, and offered for sale under the name set forth in said marks and brands, 
and said product was not the product named in said marks and brands. It was 
alleged that the product was further misbranded in that the statement " Cocoa " 
in prominent letters appeared on the fruit and back panels of the packages and 
the statement " Pure Cocoa " appeared on each side of the packages, and the 
statement " The Cocoa Contained in this package is Positively High Grade " 
appeared on the side panel of the packages, and said statements and each of 
them were false and misleading in that the product was an imitation of the 
product which it purported to be by the aforesaid marks and brands. It was 
further alleged that the statements " Cocoa," " Pure Cocoa," and " The Cocoa 
Contained in this package is Positively High Grade," all of which statements 
appeared in conspicuous type, were not sufficiently corrected by the statement 
inconspicuously stamped on the side panel of the packa'ge, to wit, the statement, 
" My own cocoa compound containing corn starch cocoa sugar." It was alleged 
that the product in a portion of said packages was misbranded for the further 
reason that certain of the packages were labeled " Net Weight i Lb.," whereas 
the product was food in package form, and the quantity of the contents was not 
plainly and conspicuously marked on the outside of the package in terms of 
weight or measure.
On February 24, 1920, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be sold by the United States marshal after the removal 
and obliteration of all branding on the product and the rebranding of the same 
"Cocoa containing Corn Starch and Sugar." On April 3, 1920, it appearing to 
the court that the marshal had found it impossible to sell the product, it was 
ordered by the court that the marshal destroy the same.
E. D. BATJL, Acting Secretary of Agriculture.