5138. Adulteration of chocolate coating.    IT. S. v. 9 Bags of Chocolate Coating.
Consent decree of condemnation. Product ordered released under bond 
for segregation and destruction of the unfit portion.    (F. D. C. No. 9791.
Sample Nos. 42117-F, 42118-F.)
This product was stored under insanitary conditions after shipment in inter- 
state commerce. When examined, the bags were torn and the remains of several 
rodent nests were, found by the inspector. The chocolate showed evidence of 
having been gnawed by rodents.
On April 13, 1943, the United States attorney for the Southern District of 
Ohio filed a libel against 9 bags of chocolate coating at Cincinnati, Ohio, alleging 
that the article had been shipped in interstate commerce within the period from 
on or about December 7, 1942, to March 10, 1943, from Hershey, Pa., and that 
it was in possession of the Kroger Grocery & Baking Co.; and charging that it was 
adulterated in that it consisted in whole or in part of filthy substances by reason 
of the fact that it had been gnawed by rodents,, and in that it had been held under 
insanitary conditions whereby it may have become contaminated with filth. 
The article was labeled in part: (Paper wrapper) "Hershey's Puritan 
Sweet * * * Chocolate Coating," or "Hershey's Summit Sweet Chocolate 
Coating."
On May 4, 1943, the Kroger Grocery and Baking Co. of Cincinnati, Ohio, claim- 
ant, having admitted the allegations of the libel, judgment of condemnation was 
entered and the product was ordered released under bond for salvaging by sep- 
arating the fit portion from the unfit portion, and destruction of the latter,, under 
the supervision of the Food and Drug Administration.
MISCELLANEOUS SACCHARIN PRODUCTS