26355. Misbranding of chocolate-flavored malted milk.     U. S. v. 33  Cartons of
Chocolate-Flavored Malted Milk. Default decree of condemnation. 
Product distributed to charitable institutions. (F. & D. no. 37869. 
Sample no. 66599-B.)
This product contained much less malted milk than should be contained in 
chocolate-flavored malted milk, which it purported to be.
On July 14, 1936, the United States attorney for the District of Rhode Island, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 33 cartons of chocolate-flavored 
malted milk at Providence, R. I., alleging that the article had been shipped in 
interstate commerce on or about May 8, 1936, by Canada's Pride Products Co., 
Inc., from New York, N. Y., and charging misbranding in violation of the 
Food and Drugs Act. The article was labeled in part: "Bonnie Milcoa Choco- 
late Flavored Malted Milk * * * Distributors United Fruit Stores, Inc., 
Providence, R. I."
The article was alleged to be misbranded in that the statement, "Guaranteed 
to comply with all pure food laws", was misleading in that it created the 
impression that the article had been examined and approved and was guar- 
anteed by the Government to comply with the law; whereas the article had 
not been approved by the Government and the Government did not guarantee 
that it complied with the law and it did not so comply; and in that the 
following statements were false and misleading and tended to deceive and mis- 
lead the purchaser since they represented that the article consisted of milk 
and cocoa and was a chocolate-flavored malted milk, was health giving, and 
made healthy and sturdy bodies, whereas it was not composed of milk and 
chocolate, was not a chocolate-flavored malted milk, not health giving, and did 
not make healthy and sturdy bodies: "Milcoa Chocolate Flavored Malted Milk 
* * * Milcoa * * * Health Giving * * * Healthy and Sturdy Bod- 
ies   *   *   *   Health Giving."
On August 4, 1936, no claimant having appeared, judgment of condemnation 
was entered. On August 25, 1936, the product was ordered distributed to 
charitable institutions.
M. L. WILSON, Acting Secretary of Agriculture.