24589. Adulteration   and misbranding of  cocoa  compound.     TJ.   S.   v.  48  Tins
and 49% Dozen Tins of Cocoa Compound. Default decrees of con- 
demnation and destruction. (F. & D. nos. 34467, 34602. Sample nos. 
17273-B, 17627-B.)
These cases involved shipments of cocoa compound that was adulterated 
because of the presence of excessive lead. The article was also misbranded 
since it was composed of ingredients which were not properly labeled as 
"Cocoa Compound."
On December 3 and December 26, 1934, the United States attorneys for the 
District of New Jersey and the Southern District of New York, acting upon 
reports by the Secretary of Agriculture, filed in the respective district courts 
libels praying seizure and condemnation of 48 tins of cocoa compound at 
Elizabeth, N. J., and 49% dozen tins of cocoa compound at New York, N. Y., 
alleging that the article had been shipped in interstate commerce on or about 
January 12 and November 13, 1934, by the Chas. H. Phillips Chemical Co., in 
part from New York, N. Y., and in part from Glenbrook, Conn., and charging 
adulteration and misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: "Sweet Cocoa Compound Phillips' Digestible Cocoa 
Compound Consisting of Cocoa Sugar and Phosphates with Vanilla Flavor- 
ing   *   *   *   Prepared by The Chas. H. Phillips Chemical Company, New York."
The article was alleged to be adulterated in that it contained an added poison- 
ous and deleterious ingredient, lead, which might have rendered it injurious to 
health.
Misbranding was alleged for the reason that the statement on the label, 
"Cocoa Compound", was false and misleading and tended to deceive and mis- 
lead the purchaser when applied to a mixture of cocoa, sugar, flavor, and phos- 
phates.
On April 4 and June 11,1935, no claimant appearing judgments of condemna- 
tion were entered and it was ordered that the product be destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.