8000. Adulteration, and misbranding; of cocoa. V. S. * * * v. 5 Boxes of 
J-Fomui Cartons, 7 Boxes of J-Ponnd Cartons, O Boxes of ^-Pound 
Cartons, and lO Boxes of J-Ponnd Cartons of a Product Purporting; 
to he Cocoa. Default decrees of condemnation, forfeiture, and 
destruction. (F. & D Nos. 11100, 11110. I. S. NOP. 7S89-r, 7890-1'. S. Nos. 
0-1426, C-1427.)
On August 27 and 29, 1919, the United States attorney for the District of In- 
diana, acting upon a report by the Secretary of Agriculture, filed in the Dis* 
trict Court of the United States for said district libels for the seizure and 
condemnation of 3 boxes of J-pound cartons, 7 boxes of i-pound cartons, 
6 boxes of 2-pound cartons, and 10 boxes of i-pound cartons of a product 
purporting to be cocoa, remaining unsold in the original unbroken packages 
at Frankfort and Crawfordsville, Ind., alleging that the article had been shipped 
on or about March 26, and April 5, 1919, by the National Cocoa Mills of New 
York, N. Y., and transported from the State of New York into the State of 
Indiana, and charging adulteration and misbranding under the Food and Drugs 
Act, as amended. The article was labeled in part, " My Own Pure Cocoa Net 
Weight one-fifth pound " or " one-half pound," as 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."
Adulteration of the article was alleged in the libel for the reason that certain 
foreign substances had been substituted in whole or in part for cocoa, and had 
been mixed and packed with the article so as to reduce and lower and injuriously 
affect its quality and strength.
Misbranding of the article was alleged in substance for the reason that the 
following statements, to wit, " Cocoa," " Pure Cocoa," " The Cocoa Contained 
in this package is Positively High Grade," all of v/hich statements appear in 
conspicuous type, not sufficiently corrected by the statement inconspicuously 
stamped on the side panel of the said package, to wit, " My Own Cocoa Com- 
pound Containing Corn Starch Cocoa Sugar," were false and misleading and 
the article was labeled so as to deceive and mislead the purchaser in that the 
article was not, in truth and in fact, pure cocoa. Misbranding of the article 
was alleged for the further reason that it was an imitation of, and was offered 
for sale and sold under the distinctive name of, another article, to wit, cocoa, 
and for the further reason that it 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 Januai'y 2, 1920, no claimant having appeared for the property, a default 
decree of condemnation and forfeiture was entered, and on February 24, 1920, 
the goods were ordered destroyed by the United States marshal.
B. D. BALL, Acting Secretary of Agricitltnre,