10754. Adulteration and misbranding of milk chocolate and dark chocolate.   U. S.
v. 5 Bags, etc.    (F. D. C. No. 19743.   Sample Nos. 8722-H, 8723-H.)
LIBEL FILED :   May 6,1946, District of New Jersey.
ALLEGED SHIPMENT : On or about February 25, 1946, by the Idis Chocolate and 
Candy Manufacturing Co., Inc., from Brooklyn, N. Y.
PRODUCT: 5 bags, each containing 200 pounds, of milk chocolate and 5 bags, 
each containing 200 pounds, of dark chocolate at Lakewood, N. Y. Examina- 
tion showed that both lots contained added ice-cream cone material; that the 
milk chocolate contained skim milk solids instead of milk solids; and that the 
dark chocolate appeared to be and, in fact, was skim milk chocolate, although 
not so labeled.
NATURE OF CHARGE: Adulteration, Section 402 (b) (2), skim milk chocolate 
containing added ice cream cone material had been substituted for milk 
chocolate and dark chocolate, which the articles were represented to be; and, 
Section 402 (b) (4), ice cream cone material had been added to the articles 
and mixed and packed with them so as to reduce their quality and strength. 
Misbranding, Section 403 (g) (1), the milk chocolate failed to conform 
to the definition and standard of identity for milk chocolate; and, Section 403 
(g)  (2), the dark chocolate purported to he skim milk chocolate, a food for
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which a definition and standard of identity had been prescribed by regulations, 
but its label failed to bear the name of the food specified in the definition 
and standard. 
DISPOSITION: October 4, 1946. No claimant having appeared, judgment of 
condemnation was entered and the products were ordered delivered to char- 
itable institutions, provided that on examination and inspection by the Food 
and Drug Administration the products were found fit for human consumption.