21162. Misbranding of candles (Tootsie Pops). U. S. v. Sweets Co. of 
America, Inc. Plea of guilty. Fine, 8150. (F. & D. no. 30177. I. S. 
no. 42529.)
This case was based on an interstate shipment of variously flavored can- 
dies; two flavors, grape and raspberry, respectively, were found to contain 
added undeclared acid and artificial flavor and color, with little or no fruit 
present.
On May 22, 1933, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Sweets Co. of America, Inc., trading 
at New York, N. Y., alleging shipment by said company, in violation of the 
Food and Drugs Act, on or about November 2, 1931, from the State of New 
York into the State of Connecticut, of quantities of candies that were mis- 
branded. The articles were labeled in part: (Wrapper) "Grape [or "Rasp- 
berry "] Tootsie Pops * * * Sweets Co. of America, New York " ; (carton) 
" Tootsie Pops   *   *   *   Raspberry.   Grape."
It was alleged in the information that the article was misbranded in that 
the statements, " Grape " or " Raspberry ", borne on the cartons and wrappers, 
were false and misleading, and for the further reason that the articles were 
labeled so as to deceive and mislead the purchaser, since the statements rep- 
resented that the articles were candies and grape or raspberry only, with a 
sufficient amount of the fruits to give them the distinctive flavors of grape 
and raspberry, whereas they contained but a slight and negligible amount 
of grape or raspberry, if any, and contained added undeclared acid and arti-
ficial flavor and color. Misbranding was. alleged for the further reason that 
the articles were imitations of other articles, grape-flavored candy and rasp- 
berry-flavored candy.
On June 12, 1933, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $150.
M. L. WILSON, Acting Secretary of Agriculture.