638. Misbranding:  of  rock  candy  crystals.     TJ.   S.  v.  54 Boxes  of  Rock  Candy
Crystals.      Default   decree   of   condemnation.      Product   distributed   to
charitable institutions.     (F. D. C. No. 6323.    Sample No. 49823-E.)
Examination showed that this product consisted of coarse sucrose crystals.
On December 2, 1941, the United States attorney for the Western District
of Louisiana filed a libel against 54 boxes, each containing 24 packages, of rock
candy crystals at Shreveport, La., alleging that the article had been shipped
in interstate commerce on or about October 30 and
 November 3, 1941, by Martin
Candy Co. from Dallas, Tex.; and charging that it was misbranded.
The article was alleged to be misbranded (1) in that the following statements
on the package were false and misleading: "Dissolve the Rock Candy Crystals
In This Package In a Half Pint of the Best Old Rye Whiskey Such a Cordial
Is a Cardinal Remedy for Coughs. Colds. And all Pulmonary Complaints.
* * * A Most Excellent Tonic Recommended by Physicians," since the con-
sensus of medical opinion does not support the representation that the article -
when used in the manner directed would be efficacious for the purposes
recommended, and the labeling failed to reveal that fact; and (2) in that its
container was so made and filled as to be misleading, since the packages were?,
too large for the amount of crystals they contained and the crystals did not?V
occupy a reasonable amount of the available space.
It also was alleged to be misbranded under the provisions of the law appli-?v
cable to foods, as reported in F. N. J. No. 3639.
On February 16, 1942, no claimant haying'appeared, Judgment of condem-
nation was entered and the product was ordered disposed of as provided by
law.   It was distributed to charitable institutions.