21308. Misbranding of Flavor-Rite Cho-Co-Malt.    V. S. v. 99%  Dozen Jars
of   Flavor-Rite   Cho-Co-Malt.     Consent   decree   of   condemnation 
and   forfeiture.     Product   released   under   bond   to   be   relabeled.
(F.  & D. no. 30695.    Sample no. 43209-A.)
This case involved a product labeled to convey the impression that it con- 
tained chocolate and an appreciable amount of malt. Examination showed 
that it consisted essentially of cocoa and sugar, with only a small amount, if 
any, of malt. The statement of the quantity of the contents was not plain 
and conspicuous.
On or about July 5\ 1933, the United States attorney for the District of 
Connecticut, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 99% dozen jars of 
the said Flavor-Rite Cho-Co-Malt at Bridgeport, Conn., alleging that the article 
had been shipped in interstate commerce on or about June 14, 1933, by the 
Flavor Rite Cho-Co Malt Co., from Brooklyn, N.Y., and charging misbranding 
in violation of the Food and Drugs Act as amended. The article was labeled 
in part: " Flavor Rite Cho-Co Malt Co. Brooklyn, N.Y."
It was alleged in the libel that the article was misbranded in that the 
statement on the label, " Cho-Co-Malt", was false and misleading and deceived 
and misled the purchaser when applied to an article which consisted essentially 
of cocoa, sugar, and water. Misbranding was alleged for the further reason 
that the article was sold under the distinctive name of another article and for 
the further reason that it was food in package form and the quantity of the 
contents was not plainly and conspicuously marked on the outside of the
On July 20, 1933, the Flavor Rite Cho-Co-Malt Co., Brooklyn, N.Y., claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, judgment of condemnation and forfeiture was entered, and it was
ordered by the court that the product be released to the claimant upon pay- 
ment of costs and the execution of a bond in the sum of $250, conditioned that 
it be relabeled so that it comply with the Federal Food and Drugs Act.
M. L. WILSON, Acting Secretary of Agriculture.