19009. Adulteration   and   Misbranding of   cocoa.    U.   S.   v.   25   Barrels   of
Cocoa. Default decree of condemnation, forfeiture, and destruc- 
tion.     (F. & D. No. 27014.    I. S. No. 39721.    S. No. 5225.)
Samples of cocoa having been fnutid to contain added shell material, the 
Secretary of Agriculture reported the matter to~- the United States attorney for 
the District of New Jersey.
On September 30, 1931, the United States attorney filed in the District Court 
of the United -States for the district aforesaid a libel praying seizure and con- 
demnation of 25 barrels of cocoa, remaining in the original unbroken packages 
at Union City, N. J., alleging that the article had been shipped by M. Bern- 
stein, Brooklyn, N. Y., on or about August 31, 1931, and had been transported 
from the State of New York into the State of New Jersey, and charging adul- 
teration and misbranding in violation of the food and drugs act.
It was alleged in the libel that the article was adulterated in that a sub- 
stance, excessive shell material, had been mixed and packed therewith so as 
to reduce, lower, or injuriously affect its quality or strength, and had been sub- 
stituted wholly or in part for the said article.
Misbranding was alleged for the reason that the statement on the label, 
?"Pure Cocoa," was false and misleading and deceived and misled the pur- 
chaser. Misbranding was alleged for the further reason that the article was 
offered for sale under the distinctive name of another article.
On November 9, 1931, 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.
ABTHUB M. HYDE, Secretary of Agriculture.