11592.?Adulteration  and  misbranding  of  chocolate.     V.   S.   v.  216  Pounds,
et al., of Chocolate. Consent decree of condemnation and forfeit??
ure.     Product   delivered   to   charitable   institution.     (F.   &   D.   No.
17044.    I. S. Nos. 1020-v, 1021-v, 1022-v.     S. No. E-4245.)
On December 19, 1922, the United States attorney for the District of Mary??
land, 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 con??
demnation of 320 pounds of chocolate, consigned November 9, 1922, remaining?
in the original unbroken packages at Baltimore, Md., alleging that the article?
had been shipped by William H. Baker, Inc., from New York, N. Y., and trans??
ported from the State of New York into the State of Maryland, and charging?
adulteration and misbranding in violation of the Food and Drugs Act. The?
article was labeled in part: " Justice Brand Premium No. 1 Chocolate Net?
Weight 1/5 Lb." (or "1/2 Lb." or "1/4 Lb.") "* * * William H. Baker?
*    *    *    Incorporated   *    *    *   N. Y. City."
Adulteration of the article was alleged in the libel for the reason that a sub??
stance containing excessive shells had been mixed and packed therewith so as?
to reduce and lower and injuriously affect its quality and strength, and had?
been substituted in whole or in part for the said article.
Misbranding was alleged for the reason that the statement on the label of the-?
packages containing the article, " Premium No. 1 Chocolate," was false and mis??
leading and deceived and misled the purchaser.
On March 14, 1923, William H. Baker, Inc., New York, N. Y., claimant, having?
denied the allegations of the libel but having assented to the entry of a decree,?
judgment of condemnation and forfeiture was entered, and it was ordered by?
the court that the product be delivered to a charitable institution.
HOWARD M. GOBE, Acting Secretary of Agriculture.