16002. Adulteration   and   misbranding   of   cocoa.    U.   S.   v.   11   Barrels   Of
Cocoa. Consent decree of condemnation and forfeiture. Product 
released under bond (P. & D. No. 22797. I. S. No. 22556-x. S. No. 
830.)
On May 24, 1928, the United States attorney for the Northern District of 
California, 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 
condemnation of 11 barrels of cocoa, remaining in the original unbroken pack- 
ages at San Francisco, Calif., consigned by the Oregon Transfer Co., Portland, 
Oreg., alleging that the article had-been shipped from Portland, Oreg., Febru- 
ary 2, 1928, and had been transported from the State of Oregon into the State 
of California, and charging adulteration and misbranding in violation of the 
food and drugs act. The article was labeled in part: "American Brand Pure 
Cocoa Powder E. & A. Opler Inc., Chicago."
It was alleged in the libel that the article was adulterated in that cocoa shell 
had been mixed and packed with and substituted in part for the said article.
Misbranding was alleged for the reason that the designation " Pure Cocoa 
Powder" was false and misleading and deceived and misled the purchaser.
On September 19, 1928, E. & A. Opler (Inc.), Chicago, Ill., having appeared 
as claimant for the property and having consented to the entry of a decree, 
judgment of condemnation and forfeiture was entered, and it was ordered by 
the court that the product be released to the said claimant upon payment of 
costs and the execution of a bond in the sum of $100, conditioned in part that 
it be made to conform with the Federal food and drugs act under the supervi- 
sion of this department.
ARTHUR M. HYDE, Secretary of Agriculture.