11283.?Adulteration   and  misbranding:  of  chocolate   coating.     IT.   S.   v.  JSO
Cases of Chocolate Coating. Consent decree of condemnation and?
forfeiture. Product released under bond. (F. & D. No, 15328. I. S.?
No. 10900-t.    S. No. W-1008.)
On August 19, 1921, the United States attorney for the Northern District?
of California, 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 20 cases of chocolate coating, remaining in the original un??
broken packages at San Francisco, Calif., consigned by the Washington Choco??
late Co., Seattle, Wash., alleging that the article had been shipped from Seattle,?
Wash., February 15, 1921, and transported from the State of Washington into?
the State of California, and charging adulteration and misbranding in violation?
of the Food and Drugs Act, as amended. The article was labeled in part:?
" Washington Chocolate Co. Seattle Manufacturers of Cocoa and Chocolate.?
Seattle, Washington, U. S. A.   E-Z-Kote Special."
Adulteration of the article was alleged in the libel for the reason that ex??
cessive cocoa shells and starch had been mixed and packed with and substi-
N. J. 11251-11300 ]     SERVICE  AND REGULATORY ANNOUNCEMENTS.       141
tuted wholly or in part for the said article, and for the further reason that it?
had been mixed in a manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the article was an imitation of?
and offered for sale under the distinctive name of another article, and for the?
further reason that it was food in package form, and the quantity of the con??
tents was not plainly and conspicuously marked on the outside of the package.
On November 2, 1921, the Washington Chocolate Co., Seattle, Wash., claimant,?
tiaving consented to the entry of a decree, judgment of condemnation and for??
feiture was entered, and it was ordered by the court that the product be re??
leased to the said claimant upon payment of the costs of the proceedings and?
the execution of a bond in the sum of $1,200, in conformity with section 10 of?
the act, conditioned in part that it be relabeled " Sweet Chocolate Coating Con??
taining Corn Starch and Excessive Cocoa Shells," that the net weight of the?
contents of the box be placed on the outside thereof, and that each individual?
?cake be labeled " Net Weight 10 Lbs."
C. W. PUGSLEY, Acting Secretary of Agriculture.