13514.  Adulteration and misbranding? of candy.    U. S. v. 30 Boxes of Candy. 
Default    decree    of   condemnation,   forfeiture,   and   destruction.
(F.  &  D.  No.  19203.     I.  S.  No.  14023-v.     S.  No.  E-5024.)
On or about November
* 28, 1924, the United States attorney for the District 
of New Jersey, 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 condemnation of 30 boxes of candy, at Elizabeth, N. J., alleging 
that the article had been shipped by the Sphinx Chocolate Corp., Brooklyn, 
N. Y., on or about October 17, 1924, and transported from the State of New 
York into the State of New Jersey, and charging adulteration and misbranding 
in violation of the food and drugs act. The article was labeled in part: 
(Box) " Sphinx 210 Milk Chocolate Decorated Pineapples 5 Lbs. M'f'd By 
Sphinx Chocolate Corp. Brooklyn, N. Y."; (placard inside and on top of box) 
" Beware Of Imitations Insist on getting the original Pure Milk Chocolate 
Pineapples Sphinx * * * In The Wooden Box Originated by Sphinx 
Chocolate Corp., Brooklyn, N. Y."
Adulteration of the article was alleged in the libel for the reason that a 
substance, pineapple cores bearing a coating deficient in milk solids, had been 
mixed and packed therewith so as to reduce, lower, and injuriously affect its 
quality and strength and had been substituted wholly or in part for the said 
article.
Misbranding was alleged in substance for the reason that the statement 
" Milk Chocolate Pineapples " and cut of a whole pineapple and cross section of 
a pineapple, borne on the box, and the statements " Beware Of Imitations 
Insist on getting the original Pure Milk Chocolate Pineapples," borne on the 
said placard, were false and misleading and deceived and misled the pur- 
chaser. Misbranding was alleged for the further reason that the article was 
offered for sale under the distinctive name of another article.
On June 22, 1925, 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.
R. W. DTJISXAP, Acting Secretary of Agriculture.