8807. Adulteration and misbranding of chocolate coating-. XT. S. * * *?
v. 33 Cases of Cliocolate Coating-. Default decree of condemnation,?
forfeiture,   and   sale.   ; (F.   &   D.   No.   13220.     I.   S.   No.   16961-r.    S.   No.
E-24G5 )
On August 11, 1020, the United States attorney for the District of Maryland,?
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 3i cases of chocolate coating, consigned on or about' April 13, 1920, remaining?
in the original unbroken packages at Baltimore, Md., alleging that the article?
had been shipped by the Massachusetts Chocolate Co., Boston, Mass., and trans??
ported from the State of Massachusetts into the State of Maryland, and charg??
ing adulteration and misbranding in violation of the Food and Drugs Act.?
The article was labeled in part, " Sweet Chocolate Coating."'
Adulteration of the article was alleged in the libel for the reason that cocoa?
shells had been mixed and packed with, and substituted wholly or in part for,?
the article.
Misbranding was alleged for the reason that the package or label bore the?
statement, to wit, " Sweet Chocolate Coating," regarding the article or the in??
gredients or substances contained therein, which was false and misleading and?
deceived and misled the purchaser, and for the further reason that the article?
was an imitation of, and was offered for sale under the distinctive name of,?
another article.
On October 16. 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 relabeled, in conformity with section 10 of the act, and sold?
by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.