22751. Adulteration and misbranding of confectionery.    XI. S. v. 36 Boxes
of   Confectionery.    Default   decree  of  forfeiture  and   destruction.
(F. & D. no. 32521.    Sample no. 65856-A.)
This case involved a product labeled "Cordials (Not a Confection)." The 
article was in fact confectionery containing alcohol.
On April 11, 1934, the United States attorney for the Eastern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 36 boxes of confec- 
tionery at Danville, Ill., alleging that the article had been shipped in interstate 
commerce on or about March 31, 1934, by C. A. Stagg, from Indianapolis, Ind.t 
and charging adulteration in violation of the Food and Drugs Act.
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 spirituous 
liquor.
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 July 6, 1934, no claimant having appeared for the property, judgment of 
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.