827. Adulteration of cocoa.    U. S. v. 2,400 Cases and 50 Cases of Canned Cocoa.
Consent decree of condemnation.    Product ordered released under bond 
for   segregation   and  destruction   of  unfit  portion.     (F.   D.   C.   No.   1438.
Sample Nos. 71332-D, 71333-D.)
This product was damaged by smoke and sea water as a result of a fire 
on board vessel while en route.   The contents of some of the packages were
239551°—40-
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caked hard.   Portions of the product were moldy and some of it contained loose / 
rust.
On February 2, 1940, the United States attorney for the Southern District ' 
of California filed a libel against 2,450 cases of canned cocoa at Los Angeles, 
Calif., alleging, that the article had been shipped in interstate commerce on 
or about December 11, 1939, by E. & A. Opler, Inc., from Brooklyn, N. Y.; 
and chargingVthat it was adulterated in that it consisted in whole or. in part 
of a filthy, putrid, or decomposed substance. The article was labeled in part: 
"Our Mother's Pure All Occasion Cocoa."
On February 9, 1940, Toplis & Harding, Inc., Los Angeles, Calif., claimant, 
having admitted the allegations of the libel, judgment of condemnation was 
entered, and the product was ordered released under bond conditioned that 
the unfit portion be segregated from the good portion and destroyed.
TEA