6401. Adulteration and misbranding of cocoa beverage powder.    U. S. v. 5 Cases 
of Cocoa Beverage Powder.    Default decree of condemnation.    Product 
*    ordered delivered to charitable institutions.     (F. D. C. No. 11873.    Sample 
No. 66179-F.)
LIBEL FILED :   On or about February 23, 1944, District of Connecticut.
ALLEGED SHIPMENT : On or about December 3, 1943, by the Manhattan Coffee & 
Sugar Co. from Brooklyn, N. Y.
PRODUCT: 5 cases, each containing 10 cartons of 50 envelopes each, of cocoa 
beverage powder at New Haven, Conn.
LABEL IN PART: (Envelopes) "Mrs. Brooks Brand—A Sweet Milk Chocolate and 
Cocoa Preparation for Hot Chocolate"; (cases) "Mrs Brooks Hot Chocolate."
VIOLATIONS CHARGED: Adulteration, Section 402 (b> (1), a valuable constituent, 
chocolate, had been in whole or in part omitted from the article; and, Section 
402 (b) (2), a mixture consisting essentially of sucrose, cocoa, and dried skim 
milk had been substituted for a sweet milk chocolate and. cocoa preparation for 
hot chocolate, which the article was represented to be.
Misbranding, Section 403 (a), the statements on the labeling, "Hot Choco- 
late," and "A Sweet Milk Chocolate and Cocoa Preparation for Hot Chocolate 
* * * A choice blend of high-grade Cocoas, Chocolate, Skimmed Milk Pow- 
der, Sugar and Flavoring," were false and misleading as applied to a mixture 
consisting essentially of sucrose, cocoa, and dried skim milk, and containing 
no chocolate.
See also Nos. 6584, 6585, 6587, 6590, and 6595. 
. 638830—45 1
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demnation was entered and the product was ordered delivered to local chari- 
table institutions after removal of the labels.