22146. Adulteration of candy.    U. S. v. 19 Boxes of Candy.    Default decree
of  condemnation,  forfeiture, and  destruction.     (F.  & D.  no.   31981. 
Sample no. 62083-A.)
This case involved a shipment of candies, certain of the pieces containing a 
penny embedded in the candy and completely concealed.
On February 13,1934, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 19 boxes of candy at Baltimore, 
Md., alleging that the article had been shipped in interstate commerce, on or 
about January 28, 1934, by the Josephson Candy Co., Inc., from Long Island 
City, N.Y., and charging adulteration in violation of the Food and Drugs Act. 
The article was labeled in part: " 120 Count Pocketbook."
It was alleged in the libel that the article was adulterated under the pro- 
visions of the law relating to confectionery, in that it contained an ingredient 
deleterious or detrimental to health, namely, a copper cent. Adulteration under 
the provisions of the law relating to food was alleged for the reason that the 
article contained an added deleterious ingredient, namely, a copper cent, which 
might have rendered it injurious to health.
On March 27, 1934, 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.
M. L. WILSON, Acting Secretary of Agriculture.