26357. Misbranding of chocolate-flavored malted milk. TT. S. v. 22 Oases of 
Chocolate-Flavored Malted Milk. Default decree of condemnation and 
and destruction.    (F. & D. no. 37888.    Sample no. 75558-B.)
This case involved a product that contained much less malted milk than 
should be contained in chocolate-flavored malted milk, which It was represented 
to be.
On July 13, 1936, the United States attorney for the Eastern District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 22 cases of chocolate- 
flavored malted milk at St. Louis, Mo., alleging that the article had been 
shipped in interstate commerce on or about April 18, 1936, by Circle Foods, 
Inc., from New York, N. Y., and charging misbranding in violation of the 
Food and Drugs Act. The article was labeled in part: "Bo-Peep Chocolate 
Flavored Malted Milk * * * Circle Foods, Inc. New York, N. Y. Distrib- 
utors."
The article was alleged to be misbranded in that the statements, "Chocolate 
Flavored Malted Milk * * * Absolutely Pure * * * Develops Sturdy 
Bodies * * * Rich in Vitamins", borne on the labels, were false and mis- 
leading and tended to deceive and mislead the purchaser, in that they repre- 
sented that the article was a chocolate-flavored malted milk, was absolutely 
pure, developed sturdy bodies and was rich in vitamins; whereas the article 
was not chocolate-flavored malted milk, was not absolutely pure, did not de-
velop sturdy bodies, and was not rich in vitamins; and in that the statement 
borne on the label, "Guaranteed to comply with the Pure Food Laws", was 
misleading since it created the impression that the article had been examined 
and approved by the Government of the United States and that the Govern- 
ment guaranteed that it complied with the laws and that it did so comply; 
whereas it had not been approved by the Government, the Government did not 
guarantee that it complied with the law, and it did not so comply.
On September 8, 1936, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.