22288. Adulteration and misbranding of confectionery.    TJ. S. -v. 159 Boxes
of Confectionery, labeled as " Cordials." Default decree of con- 
demnation, forfeiture, and destruction. (F. & D. no. 32020. Sample 
no. 60443-A.)
This case involved a shipment of confectionery that contained alcohol. The 
article was labeled " Not a Confection " in an attempted disclaimer of respon- 
sibility for shipment of confectionery containing spirituous liquor.
On February 21, 1934, the United States attorney for the District of Oregon, 
acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 159 boxes of confectionery 
at Eugene, Oreg., alleging that the article had been shipped in interstate 
commerce on or about January 27, 1934, by the Universal Carloading & Dis- 
tributing Co., for the Berkshire Co., from Chicago, Ill., and charging adul- 
teration and misbranding in violation of the Food and Drugs Act. The article 
was invoiced as "Kiklets", and was labeled in part: "Cordials Cordial (Not 
a Confection)."
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 alcoholic 
sirup.
Misbranding was alleged, under the provisions of the law relating to food, 
in that the statement on the label, "Cordial (not a confection)", was false 
and misleading and tended to deceive and mislead the purchaser.
On April 5, 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.