22436. Adulteration and misbranding of milk chocolate coating. 17. S. v. 
510 Cases of Chocolate Coating. Decree of condemnation and for- 
feiture.    Product  released  nnder  bond  to  be  relabeled.     (F.   &  D.
no. 32423.    Sample nos. 47713-A, 48217-A.)
This case involved a product represented to be milk chocolate coating, in 
which skimmed milk solids had been substituted for whole milk solids.
On March 24, 1934, the United States attorney for the Western District of 
Washington, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 510 cases, each con- 
taining 5 ten-pound slabs of chocolate coating, at Tacoma, Wash., alleging that 
the article had been shipped in interstate commerce on or about February 6 and 
March 6, 1934, by the Boldemann Chocolate Co., from San Francisco, Calif., and 
charging adulteration and misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: (Slab wrapper) "Boldemann's Sweet Coating 
Fernridge Milk Made by Boldemann Chocolate Co. San Francisco, U. S. A."
It was alleged in the libel that the article was adulterated in that a substance 
containing skimmed milk solids had been substituted for said article.
Misbranding was alleged for the reason that the statement on the slab wrap- 
per, " Sweet Coating Fernridge Milk ", was false and misleading and deceived 
and misled the purchaser when applied to chocolate coating which contained 
skimmed milk solids.
On April 19, 1934, the Boldemann Chocolate Co. having appeared as claimant 
for the property, judgment of condemnation and forfeiture was entered. The 
court having found that the product might be relabeled to conform to the re- 
quirements of the law and that all costs of the proceeding had been paid, ordered 
that it be released to the claimant upon the execution of a bond in the sum of 
$1,700, conditioned that it should not be sold or otherwise disposed of contrary 
to the provisions of the Food and Drugs Act and all other laws.
M. L. WILSON, Acting Secretary of Agriculture.