16105. Adultei-atiOn and Misbranding of cocoa powder. U. S. v. 22 Bar- 
rels of Cocoa Powder, Consent decree of condemnation and for- 
feiture. Product released under bond. (F. & D. No. 22643. I. S. 
No.  17479-x.     S.  No.  622.)
On March 14, 1928, the United States attorney for the Western District of 
Washington, 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 22 barrels of cocoa powder, remaining in* the original un- 
broken packages at Seattle, Wash., alleging that the article had been shipped 
by Boheme & Co., from Portland, Oreg., October 13, 1927, and transported from 
the State of Oregon into the State of Washington, and charging adulteration 
and misbranding in violation of the food and drugs act. The article was 
labeled in part: " E. & A. Opler, Incorporated American Brand Pure Cocoa 
Powder, Chicago." 
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It was alleged in the libel that the article was adulterated in that a sub- 
stance, excess 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 designation " Pure Cocoa 
Powder " was false and misleading and deceived and misled the purchaser. .
On July 7, 1928, B. & A. Opler (Inc.), claimant, having admitted the allega- 
tions of the libel 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 $300, conditioned in part that it be re- 
labeled under the supervision of this department.
ARTHUR M. HYDE, Secretary of Agriculture.