4753. Misbranding of cocoa substitute.    V.  S. v. 2 Cases of Cocoa Substitute.
Default  decree  of condemnation and destruction.     (F.  D.  C.  No.   9470. 
Sample.   No. 31934-F.)
This product contained no roasted soya beans or maltose, as declared on the 
label, but did consist largely of pea flour with smaller amounts of cocoa powder. 
Its labeling failed to state that it contained artificial flavoring.
On March 5, 1943, the United States attorney for the Southern District of In- 
diana filed a libel against 2 cases, each containing 24 1-pound packages, of 
cocoa substitute at Indianapolis, Ind., alleging that the article had been shipped 
in interstate commerce on or about January 14, 1943, by the Royale, Popcorn 
Co., Inc., from Cleveland, Ohio, and charging that it was misbranded. The 
article was labeled in part: (Pkgs.) "Robinson's Fine Breakfast Cocoa Substi- 
tute   *. *   .*¦   Fresh   Selected   Roasted   Soya   Beans,   Blended   with   Maltose
\   * .*   *   Vanillin for Flavor   *   *   *   Packed by J.  B.  Robinson   *   *   *
' Cleveland, O."
The article was alleged to be misbranded in that the statements "Fresh Se- 
lected Soy Beans, Roasted and Pulverized, Blended with Maltose," and "Fresh 
Selected Roasted Soya Beans, Blended with Maltose" appearing on the labeling 
were false and misleading as applied to an article which contained neither of 
these ingredients. It was alleged to be misbranded further in that it contained 
an artificial flavoring, (vanillin), and its labeling failed to state that fact.
On April ,22, 1943, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
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