17507. Action to enjoin and restrain the interstate shipment of adulterated
chocolate coating and cocoa.   U. S. v. Boldemann Chocolate Co., et al. 
Permanent injunction entered.   (Inc. No. 162.)
COMPLAINT FILED: April 9, 1947, Northern District of California, against the 
Boldemann Chocolate Co., a partnership, San Francisco, Calif., and Oscar 
Boldemann, Sr., Oscar Boldemann, Jr., Gerald Boldemann, Mrs. George Mar- 
tin, and Flora B. Boldemann, members of the partnership.
NATURE OF CHARGE : That the defendants for several years past had been and 
were at the time of filing the complaint, shipping and causing the shipment 
in interstate commerce, at San Francisco, Calif., of chocolate coating and 
cocoa which were adulterated within the meaning of Sections 402 (a) (3) and 
(4), in that the products consisted in part of filthy substances and had been 
prepared, packed, and held under insanitary conditions whereby they may 
have become contaminated with filth.
The complaint alleged further that the insanitary conditions referred to 
resulted from the presence of insects, larvae, insect webbing and excreta, 
rodents, rodent excreta, and other filthy and unwholesome substances in and 
around the factory where the products were prepared, packed, and held, in 
and around the raw materials from which they were prepared, and in and
around the machinery and equipment of the plant; and that the defendants 
continued to ship in interstate commerce products prepared,under these con- 
ditions, which produces were contaminated with insect parts, rodent hair, and 
feather barbules.
The complaint alleged further, on information and belief, that unless re- 
strained, the defendants would continue to introduce and deliver for intro- 
duction into interstate commerce, foods adulterated as above-described. The 
complaint prayed the issuance of a permanent injunction to" restrain such acts, 
and that the defendants be cited to show cause why they should not be en- 
joined during the pendency of the proceedings. 
DISPOSITION : On May 29, 1947, pursuant to a stipulation entered into between 
counsel for the Government and the defendants, the court entered a permanent 
injunction restraining and enjoining the defendants from directly or indirectly 
introducing, or causing the introduction, into interstate commerce of chocolate, 
chocolate coating, and cocoa, or similar foods, adulterated as charged in the 
complaint.
CANDY