16108. Adulteration and Misbranding of cocoa powder. TJ. S. v. 1T5 Bar- 
rels of Cocoa Powder. Decree of condemnation entered. Product 
released under bond. (F. & D. No. 22644. I. S. No. 17480-x. S. No. 
624.)
On March 15, 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 175 barrels of cocoa powder, remaining in the original 
unbroken packages at Seattle., Wash., alleging that the article had been shipped 
by the Pacific Cocoa Co., from Portland, Oreg., February 7, 1928, and trans- 
ported 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, Inc., American Brand Pure Cocoa 
Powder, Chicago."
It was alleged in the libel thai; the article was adulterated in that a substance, 
excessive crude fiber and shell, had been mixed and packed with and substituted 
wholly or in part for the said article.
Misbranding was alleged in that the designation "Pure Cocoa Powder" was 
false and misleading and deceived and misled the purchaser.
On July 7, 1928, the E. & A. Opler (Inc.), Chicago, Ill., having appeared as 
claimant for the property and having admitted the allegations of the libel, 
judgment of condemnation was entered, and it was ordered by the court that 
the product be released to the said claimant for relabeling under the supervision 
of this department, provided the claimant execute a bond in the sum of $100 
to insure that the product be disposed of in accordance with the Federal food 
and drugs act.
ARTHUR M. HYDE, Secretary of Agriculture.