22691. Misbranding of candy. U. S. v. Claude S. Allen (McGregor Toffee Co.). Plea of guilty. Sentence suspended. (F. & D. no. 31448. Sam- ple nos. 16369-A, 16370-A, 16598-A, 16599-A.) Sample packages of candy taken from the shipments .involved in this case were found to contain less than 1 pound, the labeled weight. On June 25, 1934, the United States attorney for the Eastern District of New York, acting upon a report by the Secretary of Agriculture, filed in the district court an information against Claude S. Allen, trading as the McGregor Toffee Co., Brooklyn, N. Y., alleging shipment by said defendant in violation of the Food and Drugs Act as amended, in various shipments, on or about Novem- ber 15, December 6, 1932, and January 19, 1933, from the State of New York into the State of Massachusetts, of quantities of candy which was misbranded. The article was labeled in part: " McGregor Toffee Manufactured by McGregor Toffee Company, Brooklyn N. Y. Net weight 1 lb." It was alleged in the information that the article was misbranded in that the statement " Net Weight 1 Lb.", borne on the packages, was false and mis- leading, and for the further reason that the article was labeled so as to deceive and mislead the purchaser, since the packages contained less than 1 pound. Misbranding was alleged for the further reason that the article was food in package form and the quantity of the contents was not plainly and conspicuously marked on the outside of the packages, since the statement made was incorrect. On July 11, 1934, the defendant entered a plea of guilty and the court ordered that sentence be suspended. M. L. WILSON, Acting Secretary of Agriculture.