29651. Misbranding of Marsbak's Mixit.     U. S. v. 46% Dozen Jars of Marshak's
Mixit.    Default decree of condemnation and destruction.     (F. & D. No.
43879.    Sample No. 26422-D.)
• This product was labeled to indicate that it contained an appreciable amount 
of malted milk; whereas it was found to consist of a chocolate-flavored sugar 
and dextrose sirup, containing a very small amount of, if any, malted milk. The 
quantity of the contents was not plainly and conspicuously marked on the 
outside of the package.
On or about September 15, 1938, the United States attorney for the District 
of Connecticut, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 46% dozen jars of 
Marshak's Mixit at Bridgeport, Conn.; alleging that the article had been 
shipped in interstate commerce on or about August 10, 1988, by Marshak Malt- 
molak Co., Inc., from Brooklyn, N. Y.; and charging misbranding in violation 
of the Food and Drugs Act as amended. The article was labeled in part: 
"Marshak's Mixit    *    *    *    19 oz. Net Avdp. Marshak Co., Brooklyn, N. Y."
Misbranding was alleged in that the statement on the label, "Contains Sugar, 
Cocoa and Malted Milk Chocolate Malted Milk," was false and misleading and 
tended to deceive and mislead the purchaser when applied to a mixture of 
sugar, dextrose, cocoa, and water, containing little or no malted milk. Mis- 
branding was alleged further in 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 and was not in terms of the largest unit.
On October 28, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.