10155. Misbranding of cocoa. U. S. * * * v. Lionel Edward Samuels?
(National Cocoa Mills). Pleas of guilty. Fines, S40. (F. & D. Nos.?
14327, 14334.    I. S. Nos. 7686-r, 12836-r.)
On July 5, 1921, the United States attorney for the Southern District of New?
York, acting upon reports by the Secretary of Agriculture, filed in the District?
Court of the United States for said district informations against Lionel Edward?
Samuels, trading as the National Cocoa Mills, New York, N. Y., alleging ship??
ment by said defendant, on or about September 19 and November 23, 1918, re??
spectively, in violation of the Food and Drugs Act, as amended, from the State?
of New York into the States of Rhode Island and Michigan, of quantities of?
cocoa which was misbranded. The article was labeled in part: " My Own Pure?
Cocoa.    *    *    *    National Cocoa Mills, New York City    *    *    *."
Misbranding of the article was alleged in the informations for the reason?
that the statement, to wit, " Net Weight i Lb.," borne on the packages contain??
ing the article, regarding the article, was false and misleading in that it repre-
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[Supplement 134.
sented that each of the said packages contained by weight one-half pound net?
of the said article, and for the further reason that the article was labeled as?
aforesaid so as to deceive and mislead the purchaser into the belief that each?
of the said packages contained one-half pound net of the said article, whereas,?
in truth and in fact, each of the said packages did not contain by weight one-?
half pound net of the said article but did contain a less amount. Misbranding?
was alleged for the further reason that the article was food in package form,?
and the quantity of the contents was not plainly and conspicuously marked on?
the outside of the package.
On December 19, 1921, the defendant entered pleas of guilty to the informa??
tions, and the court imposed fines in the aggregate sum of $40.
C. W. PTJGSLEY, Acting Secretary of Agriculture.