14926.?Adulteration  and  misbranding   of  chocolate   coating.     V.   S.   v.  4?
Cases of Chocolate Coating. Default decree of condemnation,?
forfeiture, and destruction. (F. & D. No. 21008. I. S. No. 1988-x.?
S. No. C-5048.)
On April 9, 1926, the United States attorney for the Western District of?
Kentucky, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district a libel praying seizure and con??
demnation of 4? cases of chocolate coating, remaining in the original unbroken?
packages at Louisville, Ky., alleging that the article had been shipped by the?
Boyal Cocoa Co., Philadelphia, Pa., on or about September 11, 1925, tind trans??
ported from the State of Pennsylvania into the State of Kentucky, and charging?
adulteration and misbranding in violation of the food and drugs act.
Adulteration of the article was alleged in the libel for the reason that a sub??
stance, excessive shell, had been mixed and packed with and substituted wholly?
or in part for the said article.
Misbranding was alleged for the reason that the statement " 100 Lbs. Choco??
late Liquors Besco No. 2," borne on the label, was false and misleading and?
deceived and misled the purchaser, since the said article was a mixture of?
chocolate and shell, and for the further reason that it was. offered for sale?
under the distinctive name of another article.
On December 28, 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.