9996. Adulteration and misbranding of chocolate coating:.    U.  S.     *     *     * 
v. 20  Cases  and  96  Cases  of Alleged  Chocolate  Coating:.     Consent- 
decrees  of condemnation and forfeiture.    Product released nnder- 
bond.     (F. & D.  Nos.  14971,  14971-a,  15037,  15038.     I.  S.  No.  10760-t.     S. 
No. W-957.)
On June 3 and 15, 1921, respectively, the United States attorney for the Dis- 
trict of Colorado, acting upon reports by the Secretary of Agriculture, filed in 
the District Court of the United States for said district libels for the seizure- 
and condemnation of 20 cases and 96 cases of alleged chocolate coating, re- 
maining unsold in the original unbroken packages at Denver, Colo., consigned 
by the Boldemann Chocolate Co., San Francisco, Calif., alleging that the article- 
had been shipped from San Francisco, Calif., on or about the respective dates 
June 4, August 4, and October 28, 1920, and transported from the State of Cali- 
fornia into the State of Colorado, and charging adulteration and misbranding in* 
violation of the Food and Drugs Act. The article was labeled in part, " Bolde- 
mann's Sweet Coating Coaxer Made by Boldemann Chocolate Company, San. 
Francisco, Calif."
Adulteration of the article was alleged in the libels for the reason that ex- 
cessive cocoa shells had been mixed and packed with, and substituted in part 
for, the said article, and for the further reason that the article was mixed in SD. 
manner whereby inferiority was concealed.
Misbranding was alleged in substance for the reason that the statement 
" Sweet Coating " was false and misleading and deceived and misled the pur- 
chaser when applied to an imitation sweet chocolate containing excessive cocoa 
shells. Misbranding was alleged for the further reason that the article was an- 
imitation of, and offered for sale under the distinctive name of, another article.
On July 27, 1921, the W. C. Nevin Candy Co., Denver, Colo., having entered 
an appearance as claimant for a portion of the property, and the Boldemann. 
Chocolate Co., San Francisco, Calif., having entered an appearance as claimant 
for the remainder thereof, and the claimants having admitted the allegations of 
the libels and consented to decrees, judgments of condemnation and forfeiture- 
were entered, and it was ordered by the court that the product be released to- 
said claimants upon payment of the costs of the proceedings and the executions 
of bonds in the aggregate sum of $2,000, in conformity with section 10 of the act-
C. W. PUGSLEY, Acting Secretary of Agriculture.