23929. Adulteration and misbranding of rum and butter toffee.    IT. S. v. 13
Boxes of Hollo-way's Rum & Butter Toffee. Default decree of 
condemnation and destruction. (F. & D. no. 33236. Sample no. 
6577-B.)
This case involved a shipment of rum and butter toffee. Examination showed! 
that it contained coconut oil, that it was flavored with artificial rum flavor, 
and that it was short of the declared weight
On or about August 13, 1934, 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 13 boxes of rum 
and butter toffee at New Haven, Conn., alleging that the article had been 
shipped in interstate commerce, on or about June 18, 1934, by M. J. Holloway 
& Co., from Chicago, Ill. and charging adulteration and misbranding in viola- 
tion of the Food and Drugs Act as amended. The article was labeled in part: 
(Box) "Holloway's Rum & Butter 5 Lbs. Net Wt. Manufactured by M. J. 
Holloway & Co., Chicago."
The article was alleged to be adulterated in that a substance containing for- 
. eign fat, namely, coconut oil, and artificial rum flavor, had been substituted 
for rum and butter toffee, which the article purported to be.
Misbranding was alleged in that the statements, "Rum & Butter" and "5 
Lbs. Net Wt.", borne on the label, were false and misleading and tended to 
deceive and mislead the purchaser; In that it was an imitation of, and was 
offered for sale under the distinctive name of, another article, and in that it 
was food in package form and the quantity of the contents was not plainly 
and conspicuously marked on the outside of the package, since the statement 
made was incorrect.
On September 11, 1934, no claimant having appeared, judgment of condem- 
nation was entered and destruction of the product was ordered.
M. L. WTLSOW, Acting Secretary of Agriculture