22531. Misbranding of chocolates.    U.  S. v. 58 Boxes  of Chocolates.    De¬
fault decree of condemnation, forfeiture, and destruction.     (F. &
D. no. 32492.    Sample no. 66998-A.)
Sample boxes of chocolates taken from the shipment involved in this case 
were found to contain less than 1 pound, the labeled weight.
On April 2, 1934, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 58 boxes of chocolates at Jersey 
City, N. J., alleging that the article had been shipped in interstate commerce 
on or about November 17,1933, by Lillian Clare Chocolates, Inc., from Brooklyn, 
N. Y., and charging misbranding in violation of the Food and Drugs Act as 
amended.  The article was labeled in part: " Lillian Clare Chocolates 1 Lb. Net."
It was alleged in the libel that the article was misbranded in that the state- 
ment " 1 Lb. Net", borne on the label, was false and misleading and tended to 
deceive and mislead the purchaser. Misbranding was alleged for the further 
reason that the article was food in package form and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the package 
since the statement made was incorrect.
On May 19, 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.
M. L. WILSON, Acting Secretary of Agriculture.