78J>0. Adulteration ELJIA msHlsranding' of cocoa. V. S. * * * v. 6 Bosses of 
a Prodiaet Piirportijms? to lie Cocoa. JOefa/rclt decree of condemna- 
tion, forfeiture, and destruction, (F. & D. No. 10100. I. S. No. 13010-r. 
S.  No. E-1321.)
On April 2-J, 1919, the United States attorney for the District of Massachu- 
setts, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel for the seizure and con- 
demnation of G boxes of a product purporting to be cocoa, remaining unsold in 
the original unbroken packages at Boston, Mass, consigned on or about March 
24, 1919, by the National Cocoa Mills, New York, N. Y., and transported from
the State of New York into the State of Massachusetts, and charging adultera- 
tion and misbranding under the Food and Drugs Act, as amended.
Adulteration of the article was alleged in the libel for the reason that said 
food consisted wholly or in part of starch and sugar and contained excessive 
cocoa shells, and in that the product was mixed in a manner whereby its 
inferiority was concealed.
Misbranding of the article was alleged for the reason that it was an imita- 
tion of, and was offered for sale under the distinctive name of, another article, 
to wit, cocoa, and for the further reasoil that the statement, " My Own Pure 
Cocoa," not sufficiently corrected by the inconspicuous statement, " My own 
cocoa compound," was false and misleading. Misbranding of the article was 
alleged for the further reason that it was food in package form, and the 
quantity of the contents was not plainly and conspicuously marked on the out- 
side of the package in terms of weight or measure.
On August 5, 1919, no claimant having appeared for the property, a default 
decree of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.