16898. Adulteration   and  Misbranding of  cocoa  powder.     TJ.   S.   v.  2%   Barrels
of Cocoa Powder. Default decree of condemnation, forfeiture, 
and destruction.     (F. & D. No. 23792.    I. S. No. 07346.     S. No. 2002.)
On June 4, 1929, the United States attorney for the District of Montana, 
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 2y2 barrels of cocoa powder at Billings, Mont., alleging that the article 
had been shipped by the Taylor-Edwards Co., from Seattle, Wash., on or about 
June 5, 1928, and transported from the State of Washington into the State of 
Montana, and charging adulteration and misbranding in violation of the 
food and drugs act. The article was) labeled in part: " B. & A. Opler, Inc. 
Chicago-American Brand Pure Cocoa Powder 200 [or "220" or "20"]."
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 cocoa powder.
Misbranding was alleged for the reason that the above-described label was 
false and misleading, and was intended to and did deceive and mislead pur- 
chasers thereof.
On November 26, 1929, 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.
ABTHUB M. HYDE, Secretary of Agriculture.