12401. Adulteration  and misbranding of  certified  cream   color.    IT.   S.   v.
20 Pounds of Certified Cream Color. Default decree of condem- 
nation, forfeiture, and destruction. (F. & D. No. 17429. I. S. No. 
1470-v.    S. No. E-4327.)
On March 26, 1923, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the Supreme 
Court of the District of Columbia, holding a United States District Court, a 
libel praying the seizure and condemnation of 20 pounds of alleged certified 
cream color, at Washington, D. C, alleging that the article had been shipped 
by the Favorite Mfg. Co., from Philadelphia, Pa., on or about May 18, 1922, 
and transported from the State of Pennsylvania into the District of 
Columbia, and charging adulteration and misbranding in violation of the 
food and drugs act. The article was labeled in part: " Certified Cream Color 
Prepared By Favorite Manufacturing Co   *   *   *   Philadelphia Pa."
Adulteration of the article was alleged in the libel for the reason that a 
substance, to wit, salt, had been mixed and packed therewith so as to lower 
and reduce and injuriously affect its quality and strength and had been sub- 
stituted in part for certified cream color, which the said article purported 
to be.
Misbranding was alleged for the reason that the statements regarding the 
said article and the ingredients and substances contained therein, borne on 
the labels attached to the cans containing the article, to wit, " Certified No. 
3759 Certified Cream Color Prepared By Favorite Manufacturing Co.," were 
false and misleading and deceived and misled the purchaser in that the said 
statements represented that the article consisted of certified cream color, 
whereas, in truth and in fact, it contained added salt. Misbranding was 
alleged for the further reason that the article was an imitation of and offered 
for sale under the distinctive name of another article.
On June 24, 1924, 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, Secretary of Agriculture.