8641. Misbranding of confectionery. U. S. * * * v. Hai-die Bros. Co., a 
corporation. Plea of nolo contendere. Fitie, SjslO and costs. 
CF. & D. No. 7352.    I. S. Nos. 2681-k, 2686-k.)
On January SO, 1917, the United States attorney for the Western Distrk-t 
of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in1 
the District Gourt of the United States for said district an information against 
Hardie Bros. Co., a corporation, Pittsburgh, Pa., alleging shipment by said 
company, in violation of the Pood and Drugs Act, on or about April 9, 1915. 
and March 5, 1915, from the State of Pennsylvania into the State of West 
Virginia, of quantities of articles labeled in part, " Creamed Marbles * * * 
Hardie's Highland Chocolates * * *" and " Ice Cream Drops * * * 
Hardie's   Highland  Chocolates    *    *    *,"   which   were   misbranded.
Analyses of the coatings of each article by the Bureau of Chemistry of this 
department showed the following results:
" Creamed      " Ice Cream 
Marbles." Drops."
Total ash   (sugar  and  fat free basis)    (per
cent) 
8.03 9.87
Acid-insoluble ash (sugar and fat free basis)
(per   cent) 
0.78 1.08
Crude fiber   (sugar and fat free basis)   (per
cent) 
7. 80 9. 38
Constants on the fat of the coating:
Temperature   of  miscibiMty   with   acetic
acid   (degrees) 
89.0
Reichert-Meissl  number 
1.7 0. 86
Saponification   number 
201. 22       202. 0
Iodin   number 
30.62 33.2
Refruitive index 40?  C 
1.4570       1.4580
These analyses show the coatings on these products to contain 
cocoa shells or dust and a fat or fats foreign to chocolate.
Misbranding of the article in each shipment was alleged in the information 
for the reason that the statements regarding the article and the ingredients 
and substances contained therein appearing on the labels, to wit, " Creamed 
Marbles * * * (or Ice Cream Drops) Hardie's Highland Choco- 
lates * * *," together with the appearance of the article, were false and 
misleading in that they indicated to the purchaser thereof that the article 
was a genuine chocolate-coated product, and for the further reason that it was 
labeled as aforesaid, and bore the appearance of a chocolate-coated product, 
so as to deceive and mislead purchasers into the belief that the article was a 
genuine chocolate-coated product, when, in truth and in fact, it was not, but 
was a product coated with, to wit, a mixture of chocolate, a fat or fats foreign 
to chocolate, and cocoa shells or dust, and for the further reason that it was an 
imitation product, to wit, a product coated with a mixture of chocolate, a fat 
or fats foreign to chocolate, and cocoa shells or dust, and was offered for 
sale under the distinctive name of another article, to wit, creamed marbles 
chocolates (or ice cream drops chocolates).
On June 4, 1917, the defendant company entered a plea of nolo contendere 
to the information, and the court imposed a fine of $10 and costs.
C. F. MABVIN, Acting Secretary of Agriculture.