9608. Adulteration and misbranding of chocolate coating. U. S. * * * 
v. 30 Cases of Chocolate Coating * * * • Consent decree of con- 
demnation and forfeiture.     Product released under bond.     (F. & "0.
No.  14970.    I.  S. No.  10636-t.    S.  No.  W-955.)
On May 31, 1921, the United States attorney for the Western District of 
Washington, 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 
condemnation of 30 cases of chocolate coating, remaining in the original un- 
broken packages at Seattle, Wash., alleging that the article had been shipped
by the Boldemann Chocolate Co., San Francisco, Calif., January 21, 1921, and 
transported from the State of California into the State of Washington, and 
charging adulteration and misbranding in violation of the Food and Drugs Act. 
The article was labeled in part, " Boldemann's Sweet Coating Cutter."
Adulteration of the article was alleged in the libel for the reason that ex- 
cessive cocoa shells had been mixed and packed with, and substituted in part 
for, the said article, and for the further reason that it was mixed and packed 
in a manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the statement on the label, 
" Sweet Coating," was false and misleading and deceived and misled the pur- 
chaser when applied to an article resembling sweet chocolate and containing 
excessive cocoa shells. Misbranding was alleged for the further reason that 
the article was an imitation of, and was offered for sale under the distinctive 
name of, another article.
On June 29, 1921, the Boldemann Chocolate Co., San Francisco, Calif., claim- 
ant, having admitted the allegations of the libel and having consented to a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to said claimant upon pay- 
ment of the costs of the proceedings and the execution of a bond in the sum of 
$500, in conformity with section 10 of the act, conditioned in part that the 
product be relabeled under the supervision of this department.
C. W. PUGSLEY, Acting Secretary of Agriculture.