7903. Adulteration and misbranding- of butter. V. S. * * * v. 45 Tubs, 
More or Less, of Butter. Consent decree of condemnation and for- 
feiture. Product released on bond. (F. & D. No. 10667. I. S. No. 
7203-r.     S.  No.  C-1321 )
On June 24, 1919, the United States attorney for the Northern District ot 
Illinois, 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 and 
condemnation of 45 tubs, more or less, of butter, remaining unsold in the original 
unbroken packages at Chicago, Ill., alleging that the article had been shipped 
on June 6, 1919, by the Danube Creamery Co., Danube, Minn., and transported 
from the State of Minnesota into the State of Illinois, and charging adultera- 
tion and misbranding in violation o? the Food and Drugs Act.
Adulteration of the article was alleged in the libel in that a substance, to wit, 
excessive water, had been mixed and packed with the article so as to reduce 
and lower and injuriously affect its quality and strength. Further adulteration 
was alleged in that a substance deficient in milk fat and high in moisture had 
been substituted in part for the said article. Further adulteration was alleged 
in that a valuable constituent of the article, w wit, butter fat, had been in part 
abstracted from the article.
19438?-20 2
Misbranding of the article was alleged in that it was an imitation of, and was 
offered for sale under the distinctive name of, another article, to wit, butter.
On September 30, 1919, W. F. Drennan & Co., claimant, having consented to a 
decree, judgment of condemnation and forfeiture was entei'ed, and it was 
ordered by the court that the product be released to said claimant upon the 
payment of the costs of the proceedings and the execution of a bond, in con- 
formity with section 10 of the act, conditioned in part that the article be 
reprocessed under the supprvision o'f the United States marshal and a repre- 
sentative of this department.
E. D. BALL, Acting Secretary of Agriculture.
7i>64. Ail alteration and laislsrasidlngr of alleged cocoa. V. &. * * * v. 77 
Boxes, SIOJTC ?i* Less, of Alleged Cocoa. Default decree of condem- 
nation, forfeiture, and destruction, (F. & I). No, 10674. I. B. No, 
6772-r.    S.  No.  C-1324.)
On June 27, 1919, the United States attorney for the Northern District of 
Illinois, 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 and 
condemnation of 77 boxes, more or less, of alleged cocoa, remaining unsold 
in the original unbroken packages at LaSalle, Ill., alleging that the article had 
been shipped on March 28, 1919, by the National Cocoa Mills, New York, N. Y., 
and transported from the State of New York into the State of Illinois, and 
charging adulteration and misbranding in violation of the Food and Drugs 
Act.   The article was labeled in part, "My Own Pure Cocoa."
Adulteration of the aiticle was alleged in that starch and sugar had been 
mixed and packed with the article so as to reduce, lower, and injuriously affect 
its quality and strength. Further adulteration of tho article was alleged in 
that starch and sugar had been substituted in part for genuine cocoa which 
the article purported to be. Further adulteration of the article was alleged 
in that the said article was mixed in a manner whereby damage and inferiority 
were concealed.
Misbranding of the article was alleged in that the statements on the label on 
the package containing the article, regarding the article, to wit, "My Own 
I'ure Cocoa The Cocoa contained in this package is Positively High Grade 
*' * -;: It is breakfast cocoa of Superior Quality and Excellence and similar 
to the highest grades of cocoa which have been awarded First Prize Gold 
Medals Absolutely Pure," (in inconspicuous type, rubber-stamped on side of 
package) "My Own Cocoa Compound Containing Cocoa Sugar Corn Starch," 
were false and misleading in that the statement, " My Own Pure Cocoa," was 
not sufficiently corrected by the inconspicuous statement, " My Own Cocoa 
Compound Containing Cocoa Sugar Corn Starch," and in that the above state- 
ments deceived and misled the purchaser into the belief that the article was 
pure cocoa, whereas the article was not pure cocoa, but starch and sugar had 
been mixed and packed with said article so as to reduce, lower, and injuriously 
affect its quality and strength. Further misbranding was alleged in that the 
statement above, to wit, " My Own Pure Cocoa," represented that the article 
was pure cocoa, whereas, in truth and in fact, it was not pure cocoa, but was 
an imitation of, and was offered for sale under the distinctive name of, another 
article, to wit, genuine cocoa.
On March 5, 1920, 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 destroyed by the United States marshal.
E. D. BALL, Acting Secretanj of Agriculture.