29729. Misbranding of chocolate-flavored malt.     U. S. v. 71  Cartons of Menier
Malt  Chocolate.     Consent  decree   of  condemnation.     Product  released 
under bond to be relabeled.     (F. & D. No. 44234.    Sample No. 11965-D.)
This product was labeled as consisting of malt, chocolate, and whole milk. It 
consisted, however, of 40 percent malt extract, 10 percent milk powder, 22 per- 
cent chocolate, and 30 percent of sugar. Furthermore, the cans contained less 
than the weight declared on the label.
On October 26, 1938, the United States attorney for the District of Puerto 
Rico, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure of 71 cartons of chocolate-flavored malt at San 
Juan, P. R.; alleging that the article had been shipped in interstate commerce 
by R. Fabien & Co. from New York, N. Y., on or about June 30, 1938; and 
charging misbranding in violation of the Food and Drugs Act as amended. The 
article was labeled in part: "Chocolate Menier New York—Paris—London."
Misbranding was alleged in that the statements on the label, "Menier Malt 
Chocolate Flavored Malt * * * This Product is Made of Malt Chocolate and 
Whole Milk," were false and misleading and tended to deceive and mislead the 
purchaser when applied to a mixture of malt extract, milk powder, chocolate, 
and sucrose. It was alleged to be misbranded further in that the statement "1 
lb. Net 453.92 Grams" was false and misleading and tended to deceive and mis- 
lead the purchaser when applied to an article that was short weight. It was 
alleged to be misbranded further in that it was food in package form and the 
quantity of the contents was not plainly and conspicuously marked on the out- 
side of the package, since the statement made was incorrect.
On November 15, 1938, Baquero & Co., of San Juan, P. R., claimant, having 
admitted the allegations of the libel and having consented to the entry of a
decree, judgment of condemnation was entered and the product was ordered 
released under bond conditioned that it be properly relabeled.
M. L. WILSON, Acting Secretary of Agriculture.