10158.?Adulteration and misbranding  of  cocoa.     TJ.  S.     *     *     *     v.  Lionel?
Edward   Samuels   (National  Cocoa   Mills).     Plea   of   guilty.     Fine,
?      (F. & D. No. 15255.    I. S. No. 15790-r.)
On October 7, 1921, the United States attorney for the Southern District of?
New York, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district an information against?
Lionel Edward Samuels, trading as the National Cocoa Mills, New York, N. Y.,?
alleging shipment by said defendant, in violation of the Food and Drugs Act,?
on or about March 26, 1919, from the State of New York into the State of?
Maryland, of a quantity of cocoa which was adulterated and misbranded. The?
article was labeled in part: " My Own Pure Cocoa * * * National Cocoa?
Mills, New York City    *    *    *."
Analysis of a sample of the article by the Bureau of Chemistry of this de??
partment showed that it contained sugar and starch.
Adulteration of the article was alleged in the information for the reason that?
substances, to wit, starch and sugar, had been mixed and packed therewith so?
as to lower and reduce and injuriously affect its quality and strength and had?
been substituted in part for pure cocoa, which the article purported to be.
Misbranding was alleged for the reason that the statement, to wit, " Pure?
Cocoa," borne on the packages containing the article, regarding it and the in??
gredients and substances contained therein, was false and misleading in that the?
said statement represented that the article consisted of pure cocoa and for the?
further reason that it was labeled as aforesaid so as to deceive and mislead the?
purchaser into the belief that it was pure cocoa, whereas, in truth and in fact, it?
was not pure cocoa, but was a mixture composed in part of starch and sugar.?
Misbranding was alleged for the further reason that the article was a mixture?
composed in part of starch and sugar, prepared in imitation of pure cocoa,?
and was offered for sale under the distinctive name of another article, to wit,?
pure cocoa.
On December 19, 1921, the defendant entered a plea of guilty to the infor??
mation, and the court imposed a fine of $20.
C. W. PUGSLEY, Acting Secretary of Agriculture.