19740. Adulteration and Misbranding of chocolate-covered nuts  and nut
bars.     U.   S.   v.   Dionigi   Perrone   (Perrone   Candy   Co.).     Plea   of 
guilty.    Pine, $300.     (P. & D. No. 27489.    I. S. Nos. 30191, 30310, 30311.)
This action was based on the interstate shipment of two lots of alleged milk 
chocolate-coated Brazil nuts, and one shipment of alleged milk chocolate-coated 
filbert bars. Examination showed that the chocolate coating in parts of the 
article were deficient in milk solids, and in the remainder contained no milk 
solids. Examination showed further that the labels of the articles failed to 
bear a statement of the quantity of the contents.
On April 13, 1932, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid an information 
against Dionigi Perrone, trading as Perrone Candy Co., New York, N. Y„ alleging 
shipment by said defendant, in violation of the food and drugs act, in part on or 
about March 17, 1931, and in part on or about April 27, 1931, from the State of 
New York into the State of New Jersey, of quantities of chocolate-covered nuts 
and filbert bars that were adulterated and misbranded. The Brazil nuts were 
labeled in part: (Box) "Sky-High in Quality Perrone's Candies Brazil Nuts 
Covered with Pure Milk Chocolate;" (retail package) "Brazil Perrone's Nuts." 
The filbert bars were labeled in part: (Box) "Milk Chocolate Filbert Bars 
Perrone Candy Co., New York, Sky-High in Quality;" (retail package)* 
" Filbert Perrone's Bar."
Adulteration of the articles was alleged in the information for the reasons 
that a substance other than milk chocolate, in that it was deficient in milk 
solids, or contained no milk solids, had been substituted in part for the said 
articles.
Misbranding was alleged for the reason that the statements, "Sky-High in 
Quality * * * Covered with Pure Milk Chocolate," with respect to the 
Brazil nuts, and the statements, " Sky-High In Quality * * * Milk Choco- 
late," with the respect to the said filbert bars, appearing in the labeling, were 
false and misleading, and for the further reason that the articles were labeled 
so as to deceive and mislead the purchaser, since the said statements represented 
that the articles consisted in part of pure milk chocolate of the highest quality, 
whereas it was not, since the coating was an inferior article a portion being 
deficient in milk solids, and the remainder containing no milk solids. Misbrand- 
ing was alleged for the further reason that the articles were foods in package 
form and the quantity of the contents was not plainly and conspicuously marked 
on the outside of the packages.
On May 2, 1932, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $300.
HENRY A. WALLACE, Secretary of Agriculture.