21151. Adulteration and Misbranding of milk chocolate coating?.   U. S. v.
Eatmor  Chocolate  Co.   Tried  to  a jury.   Verdict of guilty.   Fine, 
$200.    (F. & D. no. 27559.    I. S. no. 33951.)
This case was based on an interstate shipment of alleged milk chocolate 
coating which was found to consist of chocolate coating prepared with skim 
milk.
On April 28, 1932, the United States attorney for the Western District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court an information against the Eatmor Chocolate Co., Pitts- 
burgh,  Pa.,  alleging  shipment by  said company,  in  violation  of  the  Food
and Drugs Act, on or about March 12, 1931, from the State of Pennsylvania 
into the State of New York, of a quantity of milk chocolate coating which 
was adulterated and misbranded. The article was labeled, imprint on 
cake) " Pennsylvania Chocolate Company Pittsburgh." and was invoiced 
" Golden Milk Chocolate Coating."
It was alleged in the information that the article was adulterated in that 
a product prepared with skim milk had been substituted for a product pre- 
pared with whole milk, which the article purported to be.
Misbranding was alleged for the reason that the article was a product 
containing skim milk, prepared in imitation of milk chocolate coating, and 
was offered for sate and sold under the distinctive name of another article, 
namely, milk chocolate coating.
On May 25, 1933, a plea of not guilty having been entered on behalf of 
the defendant company, the case came on for trial before the court and a 
a jury. The trial was completed on May 26, 1933, on which date the jury 
returned a verdict of guilty on both counts of the information and the court 
imposed a fine of $200 and costs.
M. L. WILSON, Acting Secretary of Agriculture.