10507. Adulteration and Misbranding of cocoa. TJ. S. * * * v. 56 Boxes 
and 203 Boxes of * * * My Own Pure Cocoa. Default decree of 
condemnation, forfeiture, and destruction. (F. & D. No. 10916. I. S. 
Nos. 6537-r, 6538-r, 6539-r, 6540-r.    S. No. C-1398.)
On August 8, 1919, the United States attorney for the Eastern District of 
Louisiana, 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 56 boxes and 203 boxes of " My Own Pure Cocoa," re- 
maining unsold in the original unbroken packages at New Orleans, La., al- 
leging that the article had been shipped by the National Cocoa Mills, New 
York, N. Y., on or about March 15, 1919, and transported from the State 
of New York into the State of Louisiana, and charging adulteration and 
misbranding in violation- of the Food and Drugs Act, as amended. The article 
was labeled in part: " My Own Pure Cocoa The Cocoa contained in this pack- 
age is Positively High Grade * * * It is a breakfast cocoa of Superior 
Quality and Excellence and similar to the highest grades of cocoa which have 
been awarded First Prize Gold Medals * * * Absolutely Pure * * * "; 
(inconspicuously rubber-stamped on side of package) "'My Own' Cocoa Com- 
pound Containing Corn Starch, Cocoa, Sugar.   Net Weight \ Lb." (or "I Lb.",).
Adulteration of the article was alleged in substance in the libel for the 
reason that substances, to wit, sugar and starch, had been substituted wholly 
or in part for the said article and had been mixed and packed therewith so 
as to reduce and lower and injuriously affect its quality and strength. Adul- 
teration was alleged for the further reason that the article had been mixed in 
a manner whereby its inferiority to genuine cocoa was concealed.
Misbranding was alleged in substance for the reason that the packages con- 
taining the article bore the following statement, " My Own Pure Cocoa The 
Cocoa contained in this package is Positively High Grade * * * Abso- 
lutely Pure," which statement was not sufficiently corrected by the statement, 
inconspicuously stamped on the said package, "'My Own' Cocoa Compound 
Containing Corn Starch, Cocoa, Sugar," and was false and misleading and 
deceived and misled the purchaser. Misbranding was alleged for, the fur- 
ther reason that the article was an imitation of, and was offered for sale 
under the distinctive name of, another article; and for the further reason 
that it was food in package form, and the contents wrere not plainly and 
conspicuously marked on the outside of the packages.
On December 12, 1921, 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.
C. W. PUGSLEY, Acting Secretary of Agriculture.