26348. Misbranding of chocolate-flavored malted milk. U. S. v. 17 Cases of Chocolate-Flavored Malted Milk. Default decree of condemnation and destruction. (F. & D. no. 37828. Sample no. 72092-B.) This case involved a product that contained much less malted milk than should be contained in chocolate-flavored malted milk, which it was represented to be. On June 23, 1936, the United States attorney for the District of New Jersey, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 17 cases of chocolate-flavored malted milk at Newark, N. J., alleging that the article had been shipped in Interstate commerce on or about May 23, 1936, by Circle Foods, Inc., from New York, N. Y., and charging misbranding in violation of the Food and Drugs Act. The article was labeled in part: " 'Bo-Peep' Chocolate Flavored Malted Milk * * * Circle Foods, Inc. New York, N. Y. Distributors." The article was alleged to be misbranded in that the statements, "Chocolate Flavored Malted Milk * * * absolutely pure * * * guaranteed to com- ply with all Pure Food Laws. * * * Develops sturdy bodies * * * Rich in Vitamins", borne on the label, were false and misleading and tended to deceive and mislead the purchaser when applied to products containing only 15.6 percent of malted milk. On August 24, 1936, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed. M. L. WILSON, Acting Secretary of Agriculture.