8348. Misbranding of   chocolate   bars.     V.   S.   v.   13   Cases   of   Chocolate   Bars.
Default decree of condemnation.   Product ordered delivered to charitable 
institutions.    (F. D. C. No. 14910.    Sample No. 94213-F.)
LIBEL FILED :   January 12,1945, Southern District of New York.
ALLEGED SHIPMENT : On or about December 15, 1944, by the Bachman Chocolate 
Mfg. Co., Mt. Joy, Pa.
PRODUCT: 13 cases, each containing 12 boxes, of 24 1%-ounce chocolate bars at 
New York, N. Y. Examination showed that the article consisted of sweet 
milk chocolate. The product contained approximately 45 percent sugars, of 
which only about % was dextrose. The bar was made in the form of a block, 
with a hollow depression in the top, and it was wrapped in an opaque wrapper 
which served to conceal the depression.
LABEL IN PART:    (Bars) "Athlete   54   Sweet Milk Chocolate Bar."
VIOLATIONS CHARGED: Misbranding, Section 403 (a), the following statements 
which appeared in the label were false and misleading, since the article's to- 
tal sugar content was only approximately one-third dextrose: "Rich in Pure 
Dextrose ('Muscle' Sugar) * * * The Value of Dextrose to Active People 
* * * Doctors call Dextrose 'muscle sugar'. Many athletes are given 
Dextrose before, during and after contests. Dextrose sugar is also prescribed 
for new-born babies, for growing children, for active men and women. Athlete 
Bar * * * provides an abundance of Dextrose to help fight fatigue and to 
build up a reserve supply of food energy * * * rich in pure Dextrose 
sugar"; and, Section 403 (d), the container was so made, formed, and filled 
as to be misleading, since the container, the opaque wrapper, concealed the deep 
depression in the chocolate bar.
DISPOSITION : February 1, 1945. No claimant having appeared, judgment of con- 
demnation was entered and the product was ordered delivered to charitable 
institutions.