S552. Adulteration and misbranding of cocoa. V. S. ? * ' ? * v. 63 Boxes?
of Cocoa. Default decree of condemnation, forfeiture, and de??
struction.     (F. & D. No. 10678.    I. 8. No. 6771-r.    S. No. 0-1323.)
On June 27, 1919, the United States attorney for the Southern 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 con??
demnation of 63 boxes of cocoa, remaining in the original packages at Bloom-?
ington, 111., alleging that the article had been shipped by the National Cocoa?
Mills, New York, N. Y., on or about March 26, 1919, 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. The Cocoa contained in this package is Posi??
tively High Grade    *    *    *."
Adulteration of the article was alleged in substance in the libel for the?
reason that starch and sugar had been mixed and packed therewith so as to?
reduce and lower and injuriously affect its quality and strength, and had been?
substituted wholly or in part for the article. Adulteration was alleged for?
the further reason that the article was mixed in a manner whereby damage?
or inferiority was concealed.
Misbranding was. alleged in substance for the reason that the statement ap??
pearing on the label of the article, " My Own Pure Cocoa," not sufficiently cor??
rected by the inconspicuous statement stamped on said label, to wit, " My own?
cocoa compound containing cocoa sugar corn starch," was false and misleading?
and deceived and misled purchasers of the article. Misbranding was alleged?
for the further reason that the article was an imitation of, and was offered for?
sale under the distinctive name of, another article.
On November 15, 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 destroyed by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.