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UNITED STATES v. 651 CASES, ETC.

Civ. No. 4537.

114 F.Supp. 430 (1953)

UNITED STATES v. 651 CASES, MORE OR LESS, OF CHOCOLATE CHIL-ZERT.

United States District Court N. D. New York.

Decided June 10, 1953.

Attorney(s) appearing for the Case

Edmund Port, Syracuse, N. Y., U. S. Atty., for the United States.

Hancock, Dorr, Ryan and Shove, Syracuse, N. Y., for claimant. Edward B. Williams, Washington, D. C., and Morris Berman, Syracuse, N. Y., of counsel.

BRENNAN, Chief Judge.

On September 30, 1952, about 650 cases of Rich's Chocolate Chil-Zert was seized at New Orleans, Louisiana, under the provisions of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 334. The libel alleged that the food product known as "Chil-Zert" is misbranded in that it is an imitation of another food to-wit, chocolate flavored ice cream and fails to bear the word "imitation" followed by the name of the food imitated as required by...

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