NOTICE OF JUDGMENT NO. 2359.
(Given "pursuant to section 4 of the Food and Di;ugs Act.)
ADULTERATION AND MISBRANDING OF CONFECTIONERY.
On June 26, 1912, the United States Attorney for the Southern 
District of New York, acting upon a report by the Secretary of Agri- 
culture, filed in the District Court of the United States for said dis- 
trict an information against Herman W. Hoops, William F. Hoops, 
and Herman L. Hoops, doing business under the firm name and style 
of Hawley & Hoops, New York, N. Y., alleging shipment by said 
defendants, in violation of the Food and Drugs Act, on January 26, 
1911, from the State of New York into the State of Massachusetts, 
of a quantity of confectionery which was adulterated and misbranded. 
The product was labeled: "100 A No. 1, Chocolate Candy Segars, 
Serial No. 312.    Guaranteed    *    *    *."
Analysis of a sample of the product by the Bureau of Chemistry of 
this Department showed the following results: As203, parts per mil- 
lion, 3.9. Adulteration of the product was alleged in the information 
for the reason that it contained an ingredient deleterious and detri- 
mental to health, to wit, arsenic. Misbranding was alleged for the 
reason that the label set forth above regarding the product, and the 
ingredients and substances contained therein, was false and mislead- 
ing, and was calculated to deceive and mislead the purchaser thereof, 
in that said label would indicate that the product consisted of sugar 
and chocolate, whereas in truth and in fact it consisted in part of 
shellac and resin, which are not normal ingredients of the product.
On December 16, 1912, a plea of guilty on behalf of the defendants 
was entered and the court suspended sentence.
W. M. HAYS, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, March 3, 1913.
88830°—No. 2359—13
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