26405. Misbranding of  malted  milk  chocolate-flavored.     J.   S.  v.   130  Cans  of
Malted   Milk   Chocolate-Flavored.     Default   decree   of   forfeiture   and 
destruction.     (F. & D. no. 88110.    Sample no. 7049-C.)
This product was represented to be chocolate-flavored malted milk, but in 
fact consisted mainly of sugar with some cocoa and malted milk present.
On August 5, 1936, the United States attorney for the District of Massachu- 
setts, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 130 cans of malted milk
chocolate-flavored at Worcester, Mass., alleging that the article had been shipped 
In interstate commerce on or about February 5, 1936, by the Laxseed Co., Inc., 
from New York, N. Y., and charging misbranding in violation of the Food and
frugs Act    The article was labeled in part: "Malted Milk Chocolate Flavored 
*   *   Distributed by C. T. Sherer Co. Worcester, Mass."
The article was alleged to be misbranded in that the statements borne on the 
label, "Malted Milk Chocolate Flavored * * * This pure Malted Milk makes 
* * * invigorating * * * drink. * * * Its easily digestible and nutri- 
tional value makes it an important accessory to the diet of children and conva- 
lescents. * * * Its food value aids to develop the growth of sturdy bodies", 
were false and misleading and tended to deceive and mislead the purchaser in 
that they represented that the article was malted milk chocolate-flavored, that 
it was pure malted milk and made an invigorating drink, that its easily digestible 
and nutritional value made it an important accessory to the diet of children and 
convalescents, and that its food value aided in developing the growth of sturdy 
bodies; whereas the article was not malted milk chocolate-flavored, was not pure 
malted milk and would not make an invigorating drink, it would not be an im- 
portant accessory to the diet of children and convalescents, and would not aid 
in developing the growth of sturdy bodies.
On September 14, 1936, no claimant appearing, judgment of condemnation was 
entered and it was ordered that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.