26567. Misbranding of chocolate-flavored malted milk.     IT. S. v. 59*£ Dozen Tins
and 74% Dozen Tins of Chocolate-Flavored Malted Milk. Default de- 
cree of condemnation. Portion of product ordered destroyed; re- 
mainder ordered delivered to charitable institutions. (F. & D. nos. 
38135, 38136.    Sample nos. 9153-C, 9155-C.)
This product was represented to be chocolate-flavored malted milk. Exami- 
nation showed that it consisted mainly of sugar with some cocoa and malted 
milk present. The labeling on one lot failed to bear a plain and conspicuous 
statement of the quantity of the contents.
On August 10,1936, the United States attorneys for the Eastern and Southern 
Districts of New York, acting upon reports by the Secretary of Agriculture, 
filed in their respective district courts libels praying seizure and condemnation 
of 74% dozen tins of chocolate-flavored malted milk at Brooklyn, N. Y., and 
59% dozen tins of the product at New York, N. Y., alleging that the article had 
been shipped in interstate commerce, in part on or about June 29, 1936, and in 
part on or about July 17, 1936, by Manhattan Pure Foods, Inc., from Newark, 
N. J., and charging misbranding in violation of the Food and Drugs Act as 
amended. A portion of the article was labeled: "Mother's Pride Chocolate 
Flavored Malted Milk * * * Distributed by Scientific Food Products Co. 
New York Chicago New Orleans San Francisco"; the remainder was labeled: 
"Manhattan Sweetened Chocolate Flavored Malted Milk, Manhattan Pure 
Foods, Inc., Newark, N. J.    *    *    *."
The Manhattan brand was alleged to be misbranded in that the statement 
"guaranteed as a 100 percent pure food which meets all pure food law require- 
ments" was false and misleading and tended to deceive the purchaser into 
believing that the article had been examined and approved by the Food and 
Drug Administration of this Department.
The Mother's Pride brand was alleged to be misbranded in that the state- 
ments, "Chocolate flavored malted milk * * * is beneficial to children in 
developing healthy, sturdy bodies. Recommended for children", borne on the 
label, were false and misleading and tended to deceive and mislead the pur- 
chaser since the article was not a chocolate-flavored malted milk, was not 
beneficial to children in developing healthy, sturdy bodies, and was not recom- 
mended for children. Misbranding of the Mother's Pride brand was alleged 
for the further reasons that the article was food in package form and the 
quantity of the contents was not plainly and conspicuously marked on the 
outside of the package in that the statement "8 ounces net" appeared in an 
inconspicuous position and in small type on one of the side panels.
On August 31 and September 14, 1936, no claimant having appeared, judg- 
ments of condemnation were entered. The lot seized at New York, N. Y., was 
ordered delivered to a charitable institution and the lot seized at Brooklyn, 
N. Y., was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.