25756. Adulteration   and   misbranding1   of   cocoa.     IT.   S.   v.   la   Cases   and   20
Cartons of Cocoa. Default decree of condemnation, forfeiture, and 
destruction.     (F. & D. no. 36904.    Sample nos. 43985-B, 43986-B.)
This product was deficient in fat and contained excessive lead.
On January 2, 1936, the United States attorney for the District of Maine, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 10 cases and 20 cartons of cocoa 
at Portland, Maine, alleging that the article had been shipped in interstate 
commerce, on or about October 4 and October 10: 1935, by the Massachusetts 
Chocolate Co., from Boston, Mass., into the State of Maine, and charging adul- 
teration and misbranding in violation of the Food and Drugs Act. The article 
was labeled in part: (Packages) "Wan-Eta Cocoa One Pound Net Wan-Eta 
Breakfast Cocoa * * * Manufactured by The Massachusetts Chocolate Com- 
pany Boston, Mass."
Adulteration of the article was charged (a) under the allegation that a prod- 
uct deficient in fat had been substituted for breakfast cocoa, which should 
contain not less than 22 percent of cacao fat; (b) under the allegation that 
the article contained an added poisonous and deleterious ingredient, to wit, 
lead, which might have rendered it injurious to health.
Misbranding of the article was charged under the allegation that there ap- 
peared on the label the statement, "Breakfast Cocoa"; that the said statement 
was false and misleading and tended to deceive and mislead the purchaser 
when applied to cocoa containing less than 22 percent of cacao fat
On March 11, 1936, no claimant having appeared, a default decree of con- 
demnation, forfeiture, and destruction was entered.
W. R. GREGG, Acting Secretary of Agriculture.