22721. Adulteration and misbranding of milk chocolate.    U.  S. v. Wash¬
ington Chocolate Co. Plea of guilty. Fine, $100. Sentence sus- 
pended on payment of costs, and defendant placed on probation 
for 3 years.    (F. & D. no. 32104.    Sample no. 37023-A.)
This case was based on a shipment of a product represented to be milk 
chocolate but which was composed in part of skim milk solids.
On June 25, 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 an information against the Washington Chocolate Co., a cor- 
poration, Seattle, Wash., alleging shipment by said company, in violation of the 
Food and Drugs Act, on or about April 1, 1933, from the State of Washington 
into the State of Oregon, of a quantity of milk chocolate which was adulterated 
and misbranded. The article was labeled in part: (Carton) "Western Milk 
* * * Washington Chocolate Co. Manufacturers of Cocoa1 & Chocolate, 
Seattle, U. S. A.", and was invoiced as " Western Milk."
It was alleged in the information that the article was adulterated in that 
a product composed in part of skim milk solids had been substituted in whole 
and in part for milk chocolate.
Misbranding was alleged for the reason that the article was a mixture com- 
posed in part of skim-milk solids and was offered for sale under the distinctive 
name of another article, " Western Milk ", i. e., milk chocolate.
On July 30, 1934, a plea of guilty was entered on behalf of the defendant 
company, and the court imposed a fine of $100, with execution suspended for 
3 years, conditioned that costs be paid and that the defendant commit no like 
offense within that period.
M. L. WILSON, Acting Secretary of Agriculture.