9720. Adulteration and misbranding of cocoa.     U. S.     *     *     *     v. 73 Cases
of 1-Pound and 188 Cases of J-Pound Packages of Cocoa.     Default 
decree  of  condemnation, forfeiture, and  destruction.     (F.  & D.  No.
11062.    I. S. Nos. 6722-r, 6723-r, 6724-r, 6725-r.    S. No. C-1408.)
On August 11, 1919, the United States attorney for the Eastern District of 
Louisiana, 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 73 cases, each containing 24 one-half pound packages, 
and 188 cases, each containing 50 one-fifth pound packages, of cocoa, remain- 
ing unsold in the original unbroken packages.at New Orleans, La., alleging 
that the article had been shipped by the National Cocoa Mills, New York,. 
N. Y., on or about March 8, 1919, and transported from the State of New 
York into the State of Louisiana, and charging adulteration and misbranding 
in violation of the Food and Drugs Act. The article was labeled in part: 
(Packages) "My Own Pure Cocoa. Net Weight i Lb." (or "i Lb.") 
« * * * The Cocoa contained in this package is Positively High Grade and. 
guaranteed by the manufacturers to comply with all Federal and State .Fool 
Laws. It is a breakfast cocoa of Superior Quality and Excellence * * * 
Absolutely Pure No Alkalis No Chemicals * * *" (inconspicuously- 
stamped on side panel) "My Own Cocoa Compound Containing Cocoa, Sugar, 
Corn Starch."
Adulteration of the article was • alleged in substance in the libel for the- 
reason that substances, to wit, starch and sugar, had been mixed and packed 
therewith so as to reduce and lower and injuriously affect its quality and 
strength and had been substituted wholly or in part for the said article. 
Adulteration was alleged for the further reason that the article was mixed: 
in a manner whereby its inferiority to genuine cocoa was concealed.
Misbranding was alleged for the reason that the statement, " My Own Pure 
Cocoa," contained on the labels of the retail packages, not sufficiently cor- 
rected by the inconspicuous statement, " My Own Cocoa Compound Con- 
taining Cocoa, Sugar, Corn Starch," was false and misleading and deceived 
and misled the purchaser. Misbranding was alleged for the further reason 
that the said article was an imitation of, and was offered for sale under the 
distinctive name of, another article.
On August 31, 1920, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.