19738. Adulteration  and  Misbranding of  chocolate-covered  cherry bars.
U. S. v. Schall's (Inc.).    Plea of guilty.    Fine, $50 and costs.     (F. &
D. No. 27486.    I. S. No. 25978.)
This action was based on the interstate shipment of a quantity of chocolate- 
covered bars containing a cherry filling. Examination showed the presence of 
artificial color and flavor, benzoate of soda, and sulphur dioxide in the filling.
On January 14, 1932, the United States attorney for the Southern District 
of Iowa, 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 Schall's (Inc.), a corporation, Clinton, Iowa, alleging shipment by said 
company, in violation of the food and drugs act, on or about January 19, 1931, 
from the State of Iowa into the State of Illinois of a quantity of chocolate- 
covered cherry bars that were adulterated and misbranded. The article was 
labeled in part: " Schall's Chocolate-Covered Cherries * In Juice' Schall's Inc. 
Clinton, Iowa."
It was alleged in the information that the article was adulterated in that a 
chocolate-covered product containing as part of the cherry filling undeclared 
substances, to wit, artificial color and flavor, benzoate of soda, and sulphur 
dioxide, had been substituted for chocolate-covered cherries in juice, which the 
article purported to be.
Misbranding was alleged for the reason that the statement, to wit, " Choco- 
late Covered Cherries in Juice," was false and misleading, and for the further 
reason that the article was labeled so as to deceive and mislead the purchaser, 
since the said statements represented that the article consisted solely of cherries 
in juice (cherry juice) and chocolate, whereas it was composed in part of addi- 
tional and undeclared substances, to wit, artificial color and flavor, benzoate of 
soda, and sulphur dioxide.
On April 5, 1932, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $50 and costs.
HENRY A.  WALLACE,  Secretary of Agriculture.