19251. Adulteration and Misbranding of Choclat-Nnga.     U.  S. v. Walter F.
Seidel   and   Louis   Seidel   (Ad.   Seidel   &   Sons).    Pleas   of   guilty. 
Fine, $300.    (F. & D. No. 19633.    I. S. No. 18910-V.)
Examination of samples of Choclat-Nuga showed that the article consisted 
of cocoa, a product from which chocolate fat had been in whole or in part 
extracted, to which cocoanut oil had been added to replace the fat so extracted.
On May 12, 1925, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid an information 
against Walter F. Seidel and Louis Seidel, copartners, trading as Ad. Seidel & 
Sons, Chicago, Ill., alleging shipment by said defendants, in violation of the 
food and drugs act, on or about April 19, 1924, from the State of Illinois into 
the State of Indiana, of a quantity of Choclat-Nuga which was adulterated and 
misbranded. The article was labeled in part: " Choclat-Nuga A Superior 
Icing Substance Guaranteed * * * Ad. Seidel & Sons. Manufacturing Food 
Chemists, Importers,   *   *   *   Chicago."
It was alleged in the information that the article was adulterated in that 
a substance, composed of cocoanut oil and cocoa powder deprived of a portion 
of its fat, had been substituted for " Choclat-Nuga A Superior Icing Substance 
Guaranteed," which the said' article purported to be. Adulteration was al- 
leged for the further reason that cocoa butter, a valuable constituent of a 
chocolate product which the article purported to be, had been in part abstracted 
therefrom.
Misbranding was alleged for the reason that the article was an imitation 
of another article, to wit, chocolate. Misbranding was alleged for the further 
reason that the article was offered for sale under the distinctive name of 
another article, to wit, chocolate. Misbranding was alleged for the further 
reason that the statement, to wit, " Choclat-Nuga A Superior Icing Substance 
Guaranteed," borne on the label, was false and misleading in that the said 
statement represented the article to be chocolate; and for the further reason 
that it was labeled, as aforesaid, so as to deceive and mislead the purchaser 
into the belief that it was chocolate; whereas it was not chocolate but was 
an article composed of a mixture of cocoanut oil and cocoa powder.
On December 16, 1931, defendants entered pleas of guilty to the information 
and the court imposed a fine of $300.
ARTHUR M. HYDE, Secretary of Agriculture.