24711. Adulteration  and misbranding of chocolate-covered candies.    U. S. v.
Pasquale   Margarella   (P.   Margarella).    Plea   of  guilty.    Fine,   880.
(F.   &   D.   no.   33834.    Sample   nos.   54411-A,   54412-A,   58136-A,   66228-A, 
66230-A, 66233-A, 66234-A, 66235-A, 66248-A, 67733-A.)
This case was based on interstate shipments of alleged chocolate-coated 
candies which were in fact candies coated with a mixture of chocolate and 
cocoa shell One of the products which was sold under the name of "Jelly 
Frappe" contained an artificially colored and flavored imitation jelly-like 
center.
On February 28, 1935, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Pasquale Margarella, trading as P. Cam- 
panella, New York, N. Y., alleging shipment by said defendant in violation of 
the Food and Drugs Act on or about August 31, September 22, and November 6, 
1933, and January 4, 1934, from the State of New York into the State of 
Connecticut; on or about October 2, 1933, and January 13, 1934, from the State 
of New York into the State of Pennsylvania; on or about January 19, 1934, 
from the State of New York into the State of Massachusetts; and on or about 
May 16, 1934, from the State of New York into the State of New Jersey, of 
quantities of alleged chocolate-coated candies which were adulterated and 
misbranded. The various items were labeled, respectively: "Choc. Cow. Nutty 
Caramels"; "Tudor City Peppermints"; "Chocolate Covered Pops"; "Choc. Nov. 
Twisters"; "Choc. Nov. Jelly Frappe"; "Choc. Nov. Moons"; "Chocolate Covered 
Turkey Eggs"; "Chocolates"; "Special Foil Assortment." The products in most 
of the shipments were further labeled, "World's Fair Brand * * * Pure 
Chocolate Candy * * * P. Margarella New York, N. Y.", together with a 
design of a boy holding a chocolate-covered bar in his hand.
The articles were alleged to be adulterated in that a substance, excessive 
shell, had been mixed therewith so as to reduce and lower and injuriously affect 
its quality, and in that excessive shell had been substituted in part for the 
articles. The jelly frappe was alleged to be further adulterated in that a 
product containing artificially colored and flavored imitation jelly had been 
substituted for a product containing fruit jelly frappe, which the article pur- 
ported to be.
Misbranding was alleged for the reason that the statements "Choc. Cov." 
and "Pure Chocolate Covered Candy", "Chocolate Covered Pops", "Chocolates", 
and "Choc. Cow. Jelly Frappe", "Chocolate M. M. Turkey Eggs" and "Choc-O", 
together with the design showing a chocolate-covered bar, borne on the labels 
of the various products, were false and misleading, and for the further reason 
that the articles were labeled so as to deceive and mislead the purchaser, 
since the said statements and designs represented that the articles were pure 
chocolate-covered candies and that the centers of the jelly frappe consisted 
of fruit jelly frappe; whereas they were not pure chocolate-covered candies, 
but were covered with a mixture consisting of chocolate and cocoa shell, and the 
centers of the jelly frappe consisted of an artificially colored and flavored 
imitation jelly. Misbranding was alleged with respect to most of the products 
for the further reason that they were offered for sale under the distinctive 
name of another article, namely, pure chocolate-covered candy. Misbranding of 
the jelly frappe was alleged for the further reason that it was an imitation 
of another article, namely, pure chocolate-covered fruit jelly frappe.
On May 15, 1935, the defendant entered a plea of guilty and the court 
imposed a fine of $80.
W. R. GREGG, Acting Secretary of Agriculture.