22709. Adulteration and misbranding of confectionery.    U. S. v. 21 Cartons
of Candy.    Default decree of condemnation and  destruction.     (F.
& D. no. 31980.    Sample no. 50541-A.)
This case involved confectionery that contained alcohol. The article was 
labeled " Not a Confection ", whereas it was a confection.
On February 13, 1934, the United States for the Northern District of Ohio, 
acting upon a report by the Secretary of Agriculture, filed in the district court
a libel praying seizure and condemnation of 21 cartons of candy at Cleveland, 
Ohio, alleging that the article had been shipped in interstate commerce, on or 
about February 7, 1934, by the New Deal Wholesale Liquor Co.. from Forest 
Park, Ill., and charging adulteration and misbranding in violation of the Food 
and Drugs Act. The article was labeled in part: "Cordials Cordial (Not a 
Confection)."
It was alleged in the libel that the article was adulterated in that it contained 
spirituous liquor.
Misbranding was alleged for the reason that the statement on the label, 
" Cordial (not a confection)", was false and misleading and deceived and misled 
the purchaser.
On June 27, 1934, no claimant having appeared for the property, judgment of 
condemnation 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.