7687. Adulteration and misui'anding of cocoa. U. S. v. 4 Boxes and 9 
Boxes of Cocoa and 50 Paelcages of Premiums. Default decree of 
condemnation and forfeiture. Protluct ordered sold. (F. & D. Nos. 
11617, 11618, 11619, 11620. I. S. Nos. 15779-r, 15780-r, 15781-r, 15782-r. 
S. No. E-1538.)
On June 18, 1919, the United States attorney for the Western District of Vir- 
ginia, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel for the seizure of 4 
boxes, containing Impound packages, and 9 boxes, containing i-pound packages, 
of cocoa, a.nd 50 packages of premiums, i-pound size, remaining unsold in the 
original packages at Winchester, Va., alleging that the article had been shipped 
on or about March 27, 1919, by the National ?ocoa Mills, New York, N. Y., and 
transported from the State of New York into the State of Virginia, and charg- 
ing adulteration and misbranding in violation of the Food and Drugs Act. Th&. 
article was labeled in part, " My Own Pure Cocoa."
Adulteration of the article was alleged in the libel for the reason that sub- 
stances, starch and sugar, had been mixed and packed with, and substituted 
in whole or in part for, the article, and for the further reason that the article 
was mixed in a manner whereby damage or inferiority was concealed. It was 
alleged in substance that the article was misbranded in being labeled " Cocoa," 
and in that there appeared in prominent letters on the fruit and back pansls 
" Pure Cocoa,' and in that there appeared on each side panel in very con- 
spicuous type, " The Cocoa Contained in this Package is Positively High Grade," 
which statements and representations were not sufficiently corrected by a state- 
ment stamped in an illegible manner, " My own cocoa compound containing corn 
starch, cocoa, sugar," and said statements were false and misleading and de- 
ceived and misled purchasers. It was alleged that the article was further 
misbranded in that it was an imitation of, and was offered for sale under the 
distinctive name of, another article, and in substance for the further reason 
that it was food in package form, and the quantity of contents was not de- 
clared.
On July 35, 1919, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be sold by the United States marshal.
C. F. MAEVIN, Acting Secretary of Agriculture.