22779. Misbranding of Easy Serve for Hot Chocolate.    IT. S. v. 1 Drum and
1 Drum of Easy Serve for Hot Chocolate. Default decree of con- 
demnation and forfeiture. Product delivered to charitable or- 
ganizations.     (F. & D. no. 32700.    Sample nos. 67954-A, 67955-A.)
This case involved a product labeled to convey the impression that it con- 
tained chocolate, but which contained no chocolate, examination showing that 
it consisted of a finely powdered mixture of sugar, skim milk, and cocoa, with 
flavor of malt.
On May 15, 1934, the United States attorney for the Middle District of Penn- 
sylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of two drums of Easy 
Serve for Hot Chocolate at Scranton, Pa., alleging that the article had been 
shipped in interstate commerce, on or about February 12 and April 12, 1934, 
by Smith & Wood, from New York, N. Y., and charging misbranding in violation 
of the Food and Drugs Act. The article was labeled in part: " Easy Serve 
for Hot Chocolate Made by Smith & Wood,    *    *    *   New York, N. Y."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " Chocolate ", was false and misleading and tended to deceive 
and mislead the purchaser, since it contained no chocolate.
On June 30, 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 delivered to charitable or relief organizations, for use and 
not for sale.
M. L. WILSON, Acting Secretary of Agriculture.-