14206. Misbranding of candy.    U. S. v. 302 Packages of Candy.    Consent de 
cree   of   condemnation   and   forfeiture.     Product   released   under 
bond.     (F. & D. No. 20754.    I. S. Nos. 659-x to 667-x, jncl.    S. No. W-1842.)
On or about January 8, 1926, the United States attorney for the Southern 
District of California, acting upon a report by the Secretary of Agriculture, 
filed in the District Court of the United States for said district a libel praying 
seizure and condemnation of 302 packages of candy, remaining in the original 
unbroken packages at Los Angeles, Calif., consigned by Brown & Haley, 
Tacoma, Wash., alleging that the article had been shipped from Tacoma, 
Wash., in various consignments, on or about October 29, November 10 and 17, 
and December 8 and 11, 1925, respectively, and transported from the State 
of Washington into the State of California, and charging misbranding in 
violation of the food and drugs act as amended. The article was labeled, 
variously: (Package) "Criterion Chocolates One Pound Net," "Victorian 
Creams Maple Nut One Pound Net," " Mary Ann Chocolates One Pound Net," 
" Variety Chocolates One Pound Net," " Assorted Chocolates One Pound," 
" Chocolate Peppermint Creams 8 Ounces Net," " Betty Lou Chocolates One 
Pound Net," " Medley of Sweets 16 Ozs. Net," " Oriole Opera Creams 10 Ounces 
Net."
Misbranding of the article was alleged in the libel for the reason that the 
statements regarding the contents of the said packages, borne on the labels, 
namely, " One Pound Net," " 8 Ounces Net," " 16 Ozs. Net," and " 10 Ounces 
Net," as the case might be, were false and misleading and deceived and 
misled the purchaser. Misbranding was alleged for the further reason that 
the article was food in package form and the quantity of the contents was 
not plainly and conspicuously marked on the outside of the packages, since the 
quantity stated was not correct.
On January 27, 1926, Brown & Haley, Tacoma, Wash., claimant, hav- 
ing admitted the allegations of the libel 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 $250, conditioned in part that it be relabeled in a manner satisfactory 
to this department, and not be sold or otherwise disposed of contrary to law.
C. F. MARVIN, Acting Secretary of Agriculture.