12866. Adulteration  and  misbranding of cbocolate  products.    IT.   S.  v.  21
Boxes of Fisber's Chocolates. Default decree of condemnation, 
forfeiture, and destruction.     (F. & D. No. 16628.     S. No. E-4026.)
On July 14. 1922, the United States attorney for the Eastern District of Penn- 
sylvania, 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 21 boxes of Fisher's chocolates, remaining in the original 
unbroken packages at Philadelphia, Pa., consigned by S. Fisher & Co., Inc., 
Hoboken, N. J., alleging that the article had been shipped from Hoboken, N. J., 
on or about June 3, 1922, and transported from the State of New Jersey into 
the State of Pennsylvania, and charging adulteration and misbranding in vipla- 
tion of the food and drugs act.
Adulteration of the article was alleged in the libel for the reason that exces- 
sive shells had been mixed and packed with and substituted wholly or in part 
for the said article.
Misbranding was alleged for the reason that the packages in which the article 
was enclosed contained labels bearing the following statements regarding the 
said article and the ingredients and substances conlained therein, "Fisher's 
Chocolates * * * Guaranteed and Manufactured By S. Fisher & Co. Inc., 
Hoboken, N. J. U. S. A. * * * Choc. Fruit Bars" (or " Chocolate Pineapple 
Hearts", as the case might be), which said statements were false and mislead- 
ing. 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 November 14, 1924, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
W. M. JABDINE, Secretary of Agriculture.