12563. Adulteration   and   misbranding:   of   chocolate   coating;.     U.   S.   v.   4
Cases Chocolate Coating:. Default decree of condemnation, for- 
feiture, and destruction. (F. & D. No. 17979. I. S. No. 5593-v. S. No. 
C-4011.)
On November 7, 1923, the United States attorney for the District of Minne- 
sota, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel praying the seizure and con- 
demnation of 4 cases' of chocolate coating remaining in the original unbroken 
packages at Minneapolis, Minn., alleging that the article had been shipped by F. 
Bischoff (Inc.) from Ballston Spa, N. Y., on or about August 18, 1923, and trans- 
ported from the State of New York into the State of Minnesota, and charging 
adulteration and misbranding in violation of the food and drugs act. The article 
was labeled in part : "100 Pounds Bischoff's Special Eskimo Bischoff, Inc., 
*    *    *    Ballston Spa, N. Y.," and was invoiced as " Special Eskimo Choc Ctg."
Adulteration of the article was alleged in the libel for the reason that foreign 
fat had been mixed and packed with and substituted in part for the said article.
Misbranding was alleged in substance for the reason that the statement on 
the case containing the article, " Special Eskimo, Manufacturers of Pure High 
Grade Cocoa & Chocolate," was false and misleading and deceived and misled 
the purchaser. Misbranding was alleged for the further reason that the article 
was offered for sale under the distinctive name of another article.
On March 27, 1924, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be destroyed by the United States marshal.
HOWABD M. GORE, Secretary of Agriculture.