12784. Misbranding of Choe-O-Iiae.    17.  S. v. 47 Cases    *    *    *.    (F. D.  C. No.
20268.    Sample No. 63413-H.)
LIBEL FILED :   June 17,1946, District of New Jersey.
ALLEGED SHIPMENT :   On or about May 15, 1946, by the Blumoon Food Products,
Inc., from Brooklyn, N. Y. 
PRODUCT:   47 cases, each containing 24   20-ounce jars, of Choc-O-Lae at Newark,
N. J.   Examination showed that the article consisted essentially of sugar,
water, cocoa, and defatted milk solids.
LABEL IN PART: "Blumas Choc-O-Lac Best-Yet The Health Builder Forti- 
fied with Vitamin B-1   666 International Units."
NATURE OF CHARGE: Misbranding, Section 403 (a), the name of the article, 
"Choc-O-Lac," was false and misleading as applied to the article, which did not 
contain chocolate; furthermore, the label statement, "Health Builder," was 
false and misleading, since the article was not a health builder. Further mis- 
branding, Section 403 (e) (2), the label of the article failed to contain an 
accurate statement of the quantity of the contents in terms of measure, since 
the article was a liquid and the statement, "Contents 20 Ozs. Avd.," was inac- 
curate; Section 403 (f),the common or usual names of the ingredients of the 
article, required by law to appear on the label, were not prominently placed on 
the label with such conspicuousness (as compared with other words, state- 
ments, designs, and devices, on the label) as to render them likely to be read 
by the ordinary individual under customary conditions of purchase and use, 
since the names of the ingredients were printed at right angles to the main 
label panel in very small type; and, Section 403 (j), the article purported to be, 
and was represented as, a food for special dietary uses by man because of its 
vitamin Bi content, and its label failed to bear, as required by the regulations, 
a statement of the proportion of the minimum daily requirement for the vitamin 
supplied by the article when consumed in a specified quantity during a period 
of one day.
DISPOSITION : October 8, 1946. No claimant having appeared, judgment of con- 
demnation was entered and the product was ordered delivered to charitable 
organizations.