16029. Adulteration and misbranding of cliocolate confections.     V. S. v. 92
Boxes of Chocolate Confections.    Default decree of condemnation
and   destruction.     (F.    &   D.   No.   22722.     I.    S.   Nos.   24259-x,   24260-X, 
24262-x.     S. No. 755.)
On April 19, 1928, the United States attorney for the District of Connecticut, 
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 92; boxes of chocolate confections, remaining in the original unbroken pack- 
ages at New Haven, Conn., alleging that the articles had been shipped by 
D. Auerbach & Sons, New York, N. Y., in various consignments, on or about 
January 11, January 20, and April 2, 1928, respectively, and transported from 
the State of New York into the State of Connecticut, and charging adulteration 
and misbranding in violation of the food and drugs act. The articles were 
labeled in part, variously: "Auerbach Chocolate Marshmallow Bars Manu- 
factured by D. Auerbach & Sons, New York, U. S. A.;" "Auerbach Four Kings 
Chocolate Covered Manufactured by D. Auerbach & Sons; " " Chocolate Nut 
Sundae D. Auerbach & Sons."
It was alleged in the libel that the articles were adulterated in that a for- 
eign fat had been mixed and packed with and substituted in part for the said 
articles.
Misbranding was alleged for the reason that the statements, " Chocolate"" 
and "Chocolate Covered," borne on the.labels, were false and misleading and 
deceived and misled the purchaser, and for the further reason that the articles- 
were offered for sale under the distinctive name of other articles.
On September 25, 1928, the claimant having failed to file an answer or con- 
test the action, judgment of condemnation was entered, and it was ordered by 
the court that the products be destroyed by the United States marshal.
AKTHTJB M. HYDE, Secretary of Agriculture.