16178. Adulteration   and   Misbranding of   chocolate   candies.    U.   S.  v.   15
Boxes of Cliocolate Candy Cigars, et al. Default decree of con- 
demnation, forfeiture, and destruction. (F. & D. No. 23280. I. S. 
Nos. 05714, 05715.    S. No. 1376.)
On December 28, 1928, the United States attorney for the District of 
Massachusetts, 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 condemnation of 15 boxes of chocolate candy cigars and 26 boxes of 16 to 1 
penny bars, remaining in the original and unbroken packages at Cambridge, 
Mass., consigned about November 17, 1928, alleging that the articles had been 
shipped by the Sterling Chocolate Co. (Inc.), New York, N. Y., and transported 
from the State of New York into the State of Massachusetts, and charging 
adulteration and misbranding in violation of the food and drugs act. The 
articles were labeled in part, respectively: " Chocolate Candy Cigars Manu- 
factured by Sterling Choc. Co., Inc. Brooklyn, New York," and " 16 to 1 Penny 
Bars 120 Pieces Manufactured by Sterling Chocolate Co., Inc. Brooklyn, N. Y."
. It was alleged in the libel that the articles were adulterated in that a sub- 
stance, a foreign fat, had been mixed and packed therewith so as to reduce and 
lower their quality and strength and had been substituted in part for the 
said articles, and for the further reason that they had been mixed in a manner 
whereby inferiority was concealed.
Misbranding was alleged for the reason that the articles wrere imitationsi of 
other articles. Misbranding was alleged with respect to the said " Chocolate 
Candy Cigars " for the further reason that the statement " Chocolate Candy," 
borne on the label, wasi false and misleading and deceived and misled the 
purchaser when applied to a product containing a foreign fat, and for the 
further reason that the article was offered for sale under the distinctive name 
of another article.
On January 17, 1929, 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.
R. W. DUNLAP, Acting Secretary of Agriculture.