7058. Adulteration and misbranding of ground  cocoa.    U.  S. v.  260   Bags  of
"Cocoa."    Default decree of condemnation and destruction.    (F. D. C.
No. 12041.    Sample No. 35765-F.j
LIBEL FILED:   On or about March 20, 1944, Northern District of Georgia. 
ALLEGED SHIPMENT:   On or about September 29, 1943, by Royale Popcorn Co.,
from Joliet, Ill. 
PRODUCT:   260 unlabeled bags, each containing 40 pounds, of "cocoa" at Atlanta,
Ga.   The productwas invoiced by J. B. Robinson, Cleveland, Ohio, (Royale
Popcorn Oo.), as "Cocoa." 
VIOLATIONS CHARGED:   Adulteration, Section 402 (b) (2), a mixture of cacao
shell and powdered cacao bean had been substituted in whole or in part for
cocoa, which the article was represented to be; and, Section 402 (b) (4), cacao
shell had been added to the article or mixed or packed therewith so as to reduce
its quality or strength.
Misbranding, Section 403 (b), the product was offered for sale under the name
of another food; Section 403 (e) (1), it was in package form and failed to bear
a label containing the name and place of business of the manufacturer, packer, 
or distributor; and, Section 403 (e) (2), it failed to bear an accurate statement 
of the quantity of the contents. 
DISPOSITION:   November 3, 1944.   No claimant having appeared, judgment of 
condemnation was entered and the product was ordered destroyed.