19398. Adulteration and misbranding of sweet chocolate candy and sweet milk
chocolate candy with almonds.  U. S. v. 8 Boxes, etc. (and 1 other seizure 
action).    (F. D. C. Nos. 33004, 33263.    Sample Nos. 23420-L, 23421-L,
37883-L.)
LIBELS FILED :   April 7 and May 23, 1952, Southern District of New York.
ALLEGED SHIPMENT : On or about October 31 and December 12,1951, and March 
18,1952, by the Cook Chocolate Co., from Chicago, Ill.
PRODUCT: 8 boxes and 96 boxes, each containing 24 bars, of sweet chocolate 
candy, and 29 boxes and 96 boxes, each containing 24 bars, of sweet milk 
chocolate candy with almonds, at New York, N. Y.
Analyses disclosed that the 96-box lots of the sweet chocolate candy and 
the sweet milk chocolate candy with almonds contained approximately 20 
percent of the declared amount of vitamin A; that the 8-box lot of the sweet 
chocolate candy contained approximately 608 International Units of vitamin 
A, 0.25 milligram of vitamin Bi, 1.83 milligrams of vitamin B2, 15.2 milligrams 
of vitamin C, and 3.2 milligrams of niacinamide per bar; and that the 29-box 
lot of the sweet milk chocolate candy with almonds contained approximately 
888 International Units of vitamin A, 0.46 milligram of vitamin Bi, 1.90 milli-
grams of vitamin B2, 8.6 milligrams of vitamin C, and 4.27 milligrams of 
niacinamide per bar.
LABEL IN PART: (Bar) "Sweet Chocolate Candy Vita Sert Contains Sweet 
Chocolate and Vitamins A-4000 I. U. Bi-1 Mg. B*-2 Mg. C-30-Mg. D-400 
I. U. * * * 10 Mg. Niacin Amide Net Wt. 1% Oz." and "Sweet Milk 
Chocolate Vita Sert With Almonds Contains Sweet Milk Chocolate, Almonds 
Vitamins A-4000 I. U. Bi-1 Mg. B*-2 Mg. C-30 Mg. D-400 I. U. * * * 
10 Mg. Niacin Amide   Net Wt. 1% Oz."
NATURE OF CHARGE: Adulteration (all lots), Section 402 (b) (1), valuable con- 
stituents, vitamins A, Bi, B2, and C, and niacinamide, had been in part omitted 
or abstracted from the products.
Misbranding (all lots), Section 403 (a), the label statements "A-4000 I. U. 
Bi-1 Mg. B2-2 Mg. C-30 Mg. D-400 I. U. * * * 10 Mg. Niacin Amide" 
were false and misleading as applied to products which contained less than the 
stated amounts of vitamins A, Bi, B2, C, and niacinamide.
Further misbranding (sweet chocolate candy), Section 403 (g) (1), the prod- 
uct purported to be and was represented as sweet chocolate candy, a food for 
which a definition and standard of identity has been prescribed by regulations, 
and the product failed to conform to such definition and standard since it 
contained added vitamins, which are not permitted as optional ingredients of 
sweet chocolate in such definition and standard.
DISPOSITION: December 16, 1952. Default decrees of condemnation and 
destruction.
MISCELLANEOUS FOODS