27050. Misbranding of Tasty-Malt.     IT.  S. v. 198 Tins of Tasty-Malt.     Default
decree of condemnation and destruction.     (F. & D. no. 38488.     Sample no. 
9268-C.)
This product was labeled to convey the impression that it was chocolate- 
flavored malted milk. Examination showed that it consisted largely of sugar 
and cocoa, that it contained no malted milk and contained skim-milk solids 
instead of milk solids.
On or about October 26, 1936, the United States attorney for the District of 
Connecticut, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 198 tins of Tasty- 
Malt at New Haven, Conn., alleging that it had been shipped in interstate 
commerce on or about July 7, 1936, by Berko Malted Milk Co., Inc., from Glen- 
dale, N. Y., and charging misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: (Can) "Superior Tasty-Malt Chocolate Fla- 
vored Healthful Malted Drink * * * Superior Packing Corp. New York 
City"; (carton) "Tasty-Malt Chocolate Flavor Malted Milk Purest Quality 
Berke Malted Milk Co., Inc. Glendale, L. I., N. Y."
The article was alleged to be misbranded in that the statements, (carton) 
"Tasty-Malt Chocolate Flavor Malted Milk" and (can) "Tasty-Malt * * * 
Malted Drink * * * Do not boil Tasty-Malt—That destroys the health 
giving ingredients * * * A blend of * * * milk * * * Health giv- 
ing ingredients * * * Healthy and Sturdy Bodies. Beneficial for adults 
and invalids. * * * Guaranteed to comply with all Pure Food Laws; 
Superior Packing Corp. New York City", were false and misleading and tended 
to deceive and mislead the purchaser since they represented that the article 
was a chocolate-flavored malted milk and that milk was an ingredient; whereas 
the article consisted chiefly of sugar, contained no malted milk, and contained 
skim-milk solids in place of milk solids.
On January 13, 1937, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be destroyed.
W. R. GREGG, Acting Secretary of Agriculture.