9854. Adulteration of chocolate coating and sweet chocolate.    U. S. v. 36 Cartons
of Chocolate Coating and 31 Bags of Sweet Chocolate.    Consent decree 
of condemnation.    Product ordered released under bond.     (F. D. C. No.
17408.   Sample Nos. 13759-H, 13898-H.)
LIBEL FILED :    September 7,1945, Northern District of Ohio.
ALLEGED SHIPMENT : On or about June 23, 1945, by the Phoebe Phelps Caramel 
Co., from Boston, Mass.
PRODUCT: 36 cartons, each containing 5 10-pound slabs, of chocolate coating 
and 31 bags, each containing 20 10-pound slabs, of sweet chocolate at Cleve- 
land, Ohio, in the possession of the Lederer Terminal Warehouse. These pro- 
ducts contained rodent hair fragments, insect fragments, and larvae. The 
sweet chocolate had been stored under insanitary conditions after shipment. 
Some of the bags were rodent-gnawed, and rodent excreta was observed on 
them.
LABEL IN PART : "Peter's Superlative Chocolate Coating," or "Quality it. Med. 
Sweet Chocolate."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the articles consisted in 
whole or in part of filthy substances; and, Section 402 (a) (4), the sweet 
chocolate had been held under insanitary conditions whereby it may have be- 
come contaminated with filth.
DISPOSITION: September 11., 1945. E. Pellegatti, claimant, having admitted 
the allegations of the libel, judgment of condemnation was entered and the 
products were ordered released under bond, conditioned that they be cleaned in 
order to eliminate all filth. If it were not possible to clean the products, they 
were to be disposed of for purposes other than human consumption, or de- 
stroyed.