15268. Adulteration Jiiid,  Misbranding of  chocolate^ coating.     Ui   S.J v. $10  , 
iBags and aj)^Ba?s oX cfiocblate Coating.'   Decree of condemnation
and forfeiture entered.   Product released under bond.    (F. & D. No.
21826.    I. S. No. 13253-X    S. No. E-6052.)
On April 14, 1927, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel praying seizure and con- 
demnation of 29 bags of chocolate coating, remaining in the original unbroken 
packages at Baltimore, Md., alleging that the article had been shipped by 
the Massachusetts Chocolate Co., from Boston, Mass., on or about November 
30, 192.6, and transported from the State' of Massachusetts into the State of 
Maryland, and charging adulteration and misbranding in violation of the 
food and drugs act. The article was labeled in part: "Ai*ena Flavored Choc. 
Coating 200 Lbs. Net."
Adulteration of the article was alleged in the libel for the reason that a 
substance, excessive shells, had been mixed and packed therewith so as to 
reduce, lower, and injuriously affect its quality and strength, and had been 
substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the statement " Choc. Coating," 
borne on the label, was false and misleading and deceived and misled the 
purchaser, and for the further reason that the article was offered for sale 
under the distinctive name of another article.
On April 16, 1927, the Massachusetts Chocolate Co., Boston, Mass. having 
appeared as claimant for the property, judgment of condemnation and for- 
feiture was entered, and it was ordered by the court that the product be 
released to the said claimant upon payment of the costs of 'the pi'oceedings 
and the execution of a bond in the sum of $1,000, conditioned in part that it 
not be sold or disposed of contrary to law, nor until inspected and approved 
by a representative of this department.
W. M. JAKDINE, Secretary of Agriculture.