22521. Adulteration and misbranding of confectionery.    V. S. v. S6 Pack¬
ages   of   Confectionery.    Default   decree   of   condemnation,   for- 
feiture,  and  destruction.     (P.  &  D.   no.  32420.    Sample  no.  66851-A.)
This case involved a shipment of confectionery that contained alcohol. The 
article was also mislabeled since it was labeled " Not a Confection."
On April 9, 1934, the United States attorney for the District of New Mexico, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 86 packages of confectionery at 
Roswell, N. Mex., alleging that the article had been shipped in interstate 
commerce, on or about March 2, 1934, by the Schultz Candy Co., from Oak 
Park, Ill., and charging adulteration and misbranding in violation of the Food 
and Drugs Act. The article was labeled in part: " Chokicks Cordials Not a 
Confection Tower Products * * * Chicago" or " Cordials Not a Confec- 
tion."
It was alleged in the libel that the article was adulterated under the pro- 
visions of the law applicable to confectionery, in that it contained spirituous 
liquor.
Misbranding, under the provisions of the law applicable to food, was alleged 
for the reason that the statement " Cordials Not a Confection", was false 
and misleading and tended to deceive and mislead the purchaser.
On May 10, 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.