16521. Misbranding of   confectionery.     TJ.   S.   v.   20%    Cartons   of   Confec 
tionery. Default decree of condemnation, forfeiture, and de- 
struction.     (F. & D. No. 22101.    I. S. No. 20406-x.    S. No. 147.)
On October 18, 1927, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the Supreme 
Court of the district aforesaid, holding a District Court, a libel praying seizure 
and condemnation of 20% cartons of confectionery at Washington, D. C, 
alleging that the article was being sold and offered for sale in the District of 
Columbia, by Edward Zupnik, Washington, D. C, and charging misbranding 
in violation of the food and drugs act as' amended. The article was labeled m 
part: "Peters Jel-E-Etts.   *    *    *    Net Wt. 1% Oz. or over."
It was alleged in the libel that the article was misbranded in that the 
statement on the label, " Net Wt. 1% oz. or over," was false and misleading and 
deceived and misled purchasers. Misbranding was alleged for the further 
reason that the article was food in package form and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the packages.
On April 30, 1929, 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.
ARTHUR M. HYDE, Secretary of Agriculture.