17101. Adulteration and Misbranding of fountain chocolate. U. S. v. 5 
Cases of Fountain Chocolate. Default decree of condemnation, 
forfeiture, and destruction. (F. & D. No. 18852. I. S. No. 12710-v. 
S. No. E-4891.)
On July 24, 1924, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the Supreme 
Court of the district aforesaid, holding a District Court, a libel praying seizure 
and condemnation of 5 cases of fountain chocolate, remaining in the original 
unbroken packages at Washington, D. C, alleging that the article was being 
sold and offered for sale in the District of Columbia by Edward Zupnik, Wash- 
ington, D. C, and charging adulteration and misbranding in violation of the 
food and drugs act as amended. The article was labeled in part: " Standard 
Delightlul Fountain Chocolate Standard Chocolate Company Baltimore Mary- 
land   *    *    *   Net Weight Eight Pounds."
It was alleged in the libel that the article was adulterated in that a sub- 
stance, glucose, had been mixed and packed therewith so as to reduce, lower, 
and injuriously affect its quality and strength, and had been substituted wholly 
and in part tor the said article.
Misbranding was alleged for the reason that the statement "Fountain 
Chocolate * * * Net Weight Eight Pounds " was false and misleading and 
deceived and misled the purchaser, for the further reason that the article was 
offered for sale under the distinctive name of another article, and for the 
further reason that it was food in package form and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the package.
On February 13, 1930, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
ABTHXJE M. HYDE, Secretary of Agriculture.