11061.?Adulteration   and   misbranding:   of  chocolate   coating-.    IT.   S.   v.   50
Cases of Chocolate Coating-. Consent decree of condemnation?
and forfeiture. Product released under bond. (F. & D. No. 15327.?
I. S. No. 108S5-t.    S. No. W-1004.)
On August IS, 1921, the United States attorney for the Northern District of?
California, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said distr ct a libel for the seizure and?
condemnation of 50 cases, each containing 10 cakes of chocolate coating, con??
signed by the Washington Chocolate Co., Seattle, Wash., remaining in the?
original unbroken packages at San Francisco, Calif., alleging that the article?
had been shipped from Seattle, Wash., March 4, 1921, and transported from?
the State of Washington into the State of California, and charging adulteration?
and misbranding in violation of the Food and Drugs Act, as amended. The?
article was labeled in part: " Wash-ngton Chocolate Co. Seattle Manufacturers?
of Cocoa and Chocolate. Seattle, Washington, U. S. A."
Adulteration of the article was alleged in the libel for the reason that ex??
cessive cocoa shells and starch had been mixed and packed with and substi??
tuted wholly or in part for the said article, and for the further reason that it?
was mixed in a manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the article was an imitation?
of and offered for sale under the distinctive name of another article, and for
36	
BUREAU OF  CHEMISTRY.	
[Supplement 152,
the further reason that it was food in package form, and the quantity of the?
contents was not plainly and conspicuously marked on the outside of the?
package.
On November 2, 1921, the claimant for the said property having entered an?
appearance by Ernest B. Hemrich, secretary and treasurer of the Washington?
Chocolate Co., and having consented to the entry of a decree, judgment of?
condemnation and forfeiture was entered, and it was ordered by the court?
that the product be released to the said claimant upon payment of the costs?
of the proceedings and the execution of a bond in the sum of $1,200, in con??
formity with section 10 of the act, conditioned in part that it be relabeled?
" Sweet Chocolate Coating Containing Corn Starch and Excessive Cocoa?
Shells " and that the individual cakes be labeled " Net Weight 10 Lbs."
C. F. MARVIN, Acting Secretary of Agriculture.