11514.?Adulteration   dnd   misbranding   of   chocolate   cigars.     U.   S.   v.   49
Boxes of Chocolate Cigar>. Default decree of eonAentuation,?
forfeiture, and destruction. (F. & D. No. 15923. I. S-. No. 8127-t?
S. No. E-3734.)
On January 17, 1922, the United States attorney for the Middle District of?
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel praying the seizure?
and condemnation of 49 boxes of chocolate cigars, remaining in the original?
unbroken packages at Wilkes-Barre, Pa., alleging that the article had been?
shipped by the National Chocolate Co., from Hoboken, N. J., on or about De??
cember 1, 1921, and transported from the State of New Jersey into the State of?
Pennsylvania, and charging adulteration and misbranding in violation of the?
Food and Drugs Act, as amended. The article was labeled ih part: " 1 Cent?
Each 120 Pieces Chocolate Cigars National Cocoa Chocolate Co."
Adulteration of the article was alleged in the libel for the reason that an?
excessive amount of cocoa shells and foreign fat had been mixed and packed?
therewith so as to reduce and lower and injuriously affeet its quality and?
Strength and had been substituted wholly or in part for the said article, to wit,?
chocolate cigars.
Misbranding of the article was alleged for the reason that the statement,?
" Chocolate Cigars National Cocoa Chocolate Co.," 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, to wit, chocolate.
On August 16, 1922, 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 destroyed by the United States marshal.
HOWAED M. GORE, Acting Secretary of Agriculture.