24561. Adulteration  and misbranding of  chocolate-flavored  egg  malted milk.
U. S. v. 17 5/6 Dozen Glasses of Kingco Egg Malted Milk Chocolate 
Flavor.    Default decree of condemnation and destruction.    (F. & D. no.
33245.    Sample no. 6586-B.)
This case involved a product consisting of a mixture of sugar, skim milk, 
and flavor containing little or no egg or malted milk, which was labeled to indi- 
cate that it consisted principally of egg malted milk.
On or about August 14, 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 17 5/6 dozen glasses 
of Kingco egg malted milk chocolate flavor at New Haven, Conn., alleging 
that the article had been shipped in interstate commerce on or about May 4, 
1934, by the Doral Food Products Co., Inc., from New York, N. Y., and charging 
adulteration and misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: "Kingco Egg Malted Milk Chocolate Flavor * * * 
Egg Malted Milk, Dutch Cocoa, Chocolate Flavor, Defatted Milk, Malt, Sugar 
Doral Food Products Co. Inc. New York City Complies with All Pure Food 
Laws."
The article, was alleged to be adulterated in that sugar and skim milk had 
been mixed and packed therewith so as to reduce and lower its quality; in 
that a mixture of sugar, skim milk, and flavor containing little, or no, egg and 
little, or no, malted milk had been substituted for egg malted milk; and in 
that it had been mixed in a manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the statements, "Egg Malted 
Milk" and "Complies with all Pure Food Laws", were false and misleading and 
tended to deceive and mislead the purchaser. Misbranding was alleged for the 
further reason that the article was an imitation of and was offered for sale 
under the distinctive name of another article.
On April 3, 1935, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
"W. R. GBEGG, Acting Secretary of Agriculture. .