21282. Adulteration   and   Misbranding of   Chocco-Yeast.      U.   S.    v.   1,200
Boxes and TOO Cartons of Chocco-Yeast. Decrees of condemna- 
tion entered. Portion of product destroyed. Remainder released 
under bond.     (F. & D. nos. 30570, 30660.    Sample nos. 1737S-A, 29735-A.)
These cases involved a product which was labeled to convey the impression 
that it contained an appreciable amount of yeast and was valuable as a source 
of the yeast vitamins. Examination of the article showed that it contained an 
insignificant amount of yeast, also that it contained no ingredients capable of 
producing certain curative and therapeutic effects claimed in the labeling.
On June 13 and June 23, 1933, the United States attorney for the Southern 
District of California, acting upon reports by the Secretary of Agriculture, filed 
in the district court libels praying seizure and condemnation of 1,200 boxes and 
100 cartons of Chocco-Yeast at Los Angeles, Calif., alleging that the article had 
been shipped in interstate commerce in part on or about April 20, from Spring- 
field, Mass., and in part on or about May 31, 1933, from New York, N.Y., and 
charging adulteration and misbranding in violation of the Food and Drugs 
Act. The shipping records indicate that the 100 cartons of the product were 
shipped by Chocco Yeast, Inc. The records do not disclose the identity of the 
shipper of the remainder of the product.
It was alleged in the libels that the article was adulterated in that a mixture 
containing peanut butter, chocolate, sugar, and a negligible proportion of yeast 
had been substituted for the article, and for the further, reason that it had 
been mixed in a manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the statements, " Chocco-Yeast ", 
"Made with fresh yeast", "Contains vitamins", "Fresh yeast in luscious 
chocolate ", and " Fresh active Use yeast in luscious chocolate form ", appear- 
ing on the labels of the containers, were false and misleading, since they created 
the impression that the article was essentially a mixture of yeast and chocolate, 
whereas it contained but an inconsequential proportion of yeast. Misbranding 
was alleged for the further reason that the article was sold under the name of 
another article, namely, yeast prepared with chocolate. Misbranding was 
alleged for the further reason that the following statements on the label, re- 
garding the curative or therapeutic effects of the article, were false and fraudu- 
lent : " Eat three every day for your health ", " Made with fresh yeast for your
health ", "3a day is the healthy way ", " Clears Complexion ", " Aids Diges- 
tion ", and " Eliminates Constipation."
On July 19, 1933, no claim or answer having been filed to the first libel, judg- 
ment of condemnation was entered, and the court ordered that the 2 boxes that 
had been seized by the marshal be destroyed. On July 27, 1933, Chocco Yeast, 
Inc., Springfield, Mass., having appeared as claimant in the remaining case 
and having admitted the allegations of the libel, judgment of condemnation was 
entered, and it was ordered by the court that the product be released to the 
claimant upon payment of costs and the execution of a bond, conditioned that 
it be made to conform with the Federal Food and Drugs Act under the super- 
vision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.