14675.  Adulteration  and  misbranding  of  chocolate  coating.     V.  
Pounds   of  Chocolate   Coating--    Default  decree  of   condemnation! 
forfeiture,  and  destruction.     (F.  & D.   No.  21186.    I.   S.  No. 
S. No. E-5812.)
On July 15, 1926, 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 praying seizure, and con- 
demnation of 400 pounds of chocolate coating, remaining in the original un- 
broken packages at Boston, Mass., alleging that the article had been shipped 
by the Merckens Chocolate Co., Inc., Buffalo, N. Y., and transported from the 
State of New York into the State of Massachusetts, and charging adulteration 
and misbranding in violation of the food and drugs act. The article was labeled 
in part: "Chocolate."
Adulteration of the article was alleged in the libel for the reason that a 
substance, excessive foreign material including shell, had been mixed and 
packed therewith so as to reduce, lower, and injuriously affect its quality and 
strength and had been substituted in part for the said article.
Misbranding was alleged for the reason that the statement " Chocolate" 
was false and misleading and deceived and misled the purchaser, and in that 
it was offered for sale under the distinctive name of another article.
On September 30, 1926, 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.
W. M. JABDINE, Secretary of Agriculture.