12268. Adulteration   and   misbranding   of   Eskimo   coating1.     U.   S.   v.   175
Pounds of Eskimo Coating. Decree of condemnation and for- 
feiture. Product released under bond. (P. & D. No. 18513. I. S. 
No. 2997-v.     S. No. E-4791.)
On March 27, 1924, the United States Attorney for the Eastern 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 175 pounds of Eskimo coating remaining in the 
original unbroken packages at Philadelphia, Pa., consigned by P. Bischoff 
(Inc.), Brooklyn, N. Y., alleging that the article had been shipped from Brook- 
lyn, N. Y., on or about February 21, 1924, and transported from the State of 
New York into the State of Pennsylvania, and charging adulteration and mis- 
branding in violation of the food and drugs act. The article was labeled in 
part: " F. Bischoff Inc. * * * Brooklyn NY*** Special EsMnio 
Coating."
Adulteration of the article was alleged in the libel for the reason that a sub- 
stance, to wit, foreign fat, had been mixed and packed wholly or in part for 
the said article.
Misbranding was alleged for the reason that the retail package inclosing 
the said article contained a label which bore the following statements: " F. 
Bischoff Inc Manufacturers Of Pure High Grade Cocoa & Chocolate Brooklyn 
N Y. Keep In A Cool And Dry Place * * * 100 Pounds F. Bischoff's 
A-l Special Eskimo Coating," which were false and misleading in that the 
said statements indicated that the package contained the substances declared 
in the said label when, in fact and in truth, it did not. Misbranding was 
alleged for the further reason that the article was offered for sale under the 
distinctive name of another article.
On April 28, 1924, F. Bischoff (Inc.), Brooklyn, N. Y., having appeared as 
claimant for the property, judgment of condemnation and forfeiture was en- 
tered, and it was ordered by the court that the product be released to the 
said claimant upon payment of the costs of the proceedings and the execution 
of a bond in the sum of $100, in conformity with section 10 of the act, condi- 
tioned in part that it be relabeled under the supervision of this department.
HOWABD M. GORE, Acting Secretary of Agriculture.