21048. Misbranding of candy. U. S. v. 38 Cartons and S Cartons of Candy. 
Decree of condemnation and forfeiture. Product released under 
bond.    (F. & D. no. 29932.    Sample nos. 16598-A, 16599-A.)
This case involved a shipment of candy, sample packages of which were 
found to contain less than 1 pound, the declared weight.
On March 14, 1933, the United States attorney for the District of Massachu- 
setts, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court of the United States a libel praying seizure and condemnation of 
46 cartons of candy at Boston, Mass., alleging that the article had been shipped 
in interstate commerce, on or about January 19, 1933, by the McGregor Toffee 
Co., from Brooklyn, N. Y., to Boston, Mass., and charging misbranding in 
violation of the Food and Drugs Act as amended. The article was labeled in 
part: (Packages) "McGregor Toffee Manufactured by McGregor Toffee Co., 
Brooklyn, N. Y., Net Weight 1 Lb."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the labels, " Net Weight 1 Lb.", was false and misleading and deceived 
and misled the purchaser; and for the further reason that the article was in 
package form and the quantity of the contents was not plainly and conspicu- 
ously marked on the outside of the package, since the quantity stated on the 
label was not correct.
On April 5. 1933, C. S. Allen, trading as the McGregor Toffee Co., Brooklyn, 
N. Y., having appeared as claimant for the property and having admitted the 
allegations of the libel, judgment of condemnation and forfeiture was entered, 
and it was ordered by the court that the product be released to the claimant 
upon payment of costs and the deposit of cash bond in the sum of $125 con- 
ditioned that the packages and wrappers be removed and destroyed.
M. L. WILSON, Acting Secretary of Agriculture.