1 16052. Adulteration and  alleged misbranding-  of cocoa.    V. S. v.  164 Bar-
1 
rels   of  Cocoa.     Consent   decree   of   condemnation   and  forfeiture.
t 
Product released under bond.     (F. & D. No. 22652.    1. S. No. 17884-x.
1 
S. No. 693.)
On March 20, 1928, the United States attorney for the Northern District of
1 California, acting upon a report by the Secretary of Agriculture, filed in the
r District Court of the United States for said district a libel praying seizure
| and condemnation of 164 barrels of cocoa, remaining in the original unbroken
? packages at San Francisco, Calif., alleging that the article had been shipped
f by E. & A. Opler  (1nc.), from Seattle, Wash., on or about February 1, 1928,
f and had been transported from the State of Washington into the State of Cali-
1 fornia, and charging adulteration and misbranding in violation of the food
1 and drugs act.   The article was labeled in part: " E. & A. Opler, 1nc.   *    *    *
1 Pure Cocoa Chicago, 1ll."
1 1t was alleged in the libel that the article was adulterated in that cocoa
| shell had been mixed and packed with and substituted in part for the said
| article.
f Misbranding was alleged for the reason that the statement " Pure Cocoa "
1 was false and misleading and deceived and misled the purchaser.
1 On August 6, 1928, Orville C. Hatch, jr., having appeared as claimant for
1 the property and having consented to the entry of a decree, judgment of the
1 court was entered finding the product adulterated and ordering its condemna-
| tion and forfeiture, and it was further ordered by the court that the said
# product be released to the claimant upon payment of the costs of the proceed-
ings and the execution of a bond in the sum of $1,640, conditioned in part that 
it be made to conform with the provisions of the law under the supervision of 
this department.
ARTHUR M. HYDE, Secreta/ry of Agriculture.