22269. Adulteration and misbranding of fountain sirup chocolate.    IT.  S.
v. 10% Cases and 10% Cases of Gumpert's Fountain Sirup Choco- 
late. Default decree of condemnation, forfeiture, and destruc- 
tion.     (F. & D. no. 31951.    Sample nos. 59652-A, 59653-A.)
This case involved quantities of alleged chocolate sirup which was found to 
consist of a mixture of sugar, water, and Dutch-process cocoa.
On February 15, 1934, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the
district court a libel praying seizure and condemnation of 21 cases of Gumpert's 
Fountain Syrup Chocolate at Chicago, Ill., alleging that the article had been 
shipped in interstate commerce by the S. Gumpert Co., Inc., in part from 
Brooklyn, N.T., on or about November 24, 1933, and in part from Jersey City, 
N.J., on or about November 29, 1933, and charging adulteration and misbranding 
in violation of the Food and Drugs Act. The article was labeled in part: 
" S. Gumpert Co., Inc. Bush Terminal Brooklyn, New York."
It was alleged in the libel that the article was adulterated in that a mixture 
of sugar, water, and Dutch-process cocoa had been substituted for chocolate 
fountain sirup; and for the further reason that the article had been mixed in 
a manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the statements on the label, 
" Fountain Syrup Chocolate" and " The superior quality of this Chocolate 
Fountain Syrup is obtained from the use of only the finest chocolate liquor ", 
were false and misleading and deceived and misled the purchaser, when applied 
to a mixture of sugar, water, and Duteh-process cocoa. Misbranding was 
alleged for the further reason that the article was offered for sale under the 
distinctive name of another article.
On April 6, 1934, 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.
M. L. WILSON, Acting Secretary of Agriculture.