12076. Adulteration and misbranding: of chocolate bars and chocolate 
cigars. TJ. S. v. National Cocoa & Chocolate Co., a Corporation, 
and X^eon Henry. Plea of gruilty. Fine, $25. (F. & D. No. 16561. 
I. S. Nos. 8513-t, 15450-t, 15526-t, 15527-t.)
On or about April 16, 1923, the United States attorney for the District of 
New Jersey, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against the 
National Cocoa & Chocolate Co., a corporation, Hoboken, N. J., and Leon 
Henry, Hoboken, N. J., treasurer of the said corporation, alleging shipment by 
said defendants, in violation of the Food and Drugs Act, in various consign- 
ments, namely, on or about September 27, October 20, and November 18, 1921, 
respectively, from the State of New Jersey into the State of New York, and 
on or about November 1, 1921, from the State of New Jersey into the State 
of Maryland, of quantities of chocolate bars and chocolate cigars which were 
adulterated and misbranded. The articles were labeled in part, respectively: 
?" Hector Bar National Cocoa Chocolate Co. 803 Clinton Street, Hoboken, 
N. J.; " " Chocolate Cigars National Cocoa Chocolate Co. 803 Clinton Street, 
Hoboken, N. J."
Analyses of samples of the articles by the Bureau of Chemistry of this 
department showed that foreign fat was present, that cocoa fat had been 
abstracted from the said articles, and that they contained excessive cocoa shells.
Adulteration of the articles was alleged in the information for the reason 
that certain substances, to wit, foreign fat and excessive shells (or excessive 
cocoa shells), 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 the said articles. Adulteration was alleged for the further reason that a 
valuable constituent of the articles, to wit, cocoa fat, had been in part 
abstracted.
Misbranding of the chocolate bars was alleged for the reason that the article 
was a mixture composed in part of foreign fat and excessive shells, prepared 
in imitation of, to wit, chocolates, and was offered for sale and sold under the 
?distinctive name of another article, to wit, chocolates.
Misbranding of the chocolate cigars was alleged for the reason that the 
statement, to wit, " Chocolate Cigars," borne on the boxes containing the 
article, regarding the said article and the ingredients and substances contained 
therein, was false and misleading, in that it represented that the article con- 
sisted wholly of chocolate, and for the further reason that the said article was 
labeled as aforesaid so as to deceive and mislead the purchaser into the belief 
that it consisted wholly of chocolate, whereas, in truth and in fact, it did not 
so consist but did consist in part of foreign fat and excessive cocoa shells. 
Misbranding was alleged for the further reason that the article was a mixture 
?composed in part of foreign fat and excessive cocoa shells, prepared in imita-
tion of chocolate cigars, and was offered for sale and sold under the distinctive 
name of another article, to wit, chocolate cigars.
On May 2, 1923, a plea of guilty was entered to the information, and the 
court imposed a fine of $25.
HOWAED M. GORE, Acting Secretary of Agriculture.