28242. Adulteration  and misbranding of  candy.    IT.   S.  v.  9  Boxes   of  Candy.
Default decree of condemnation and destruction.     (F. & D. No. 40559. 
Sample No. 61110-C.)
This product was insect-infested and dirty, and portions were short weight.
On October 22, 1937, the United States attorney for the Northern District of 
Alabama, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of nine boxes of candy 
at Birmingham, Ala., alleging that the article had been shipped in interstate 
commerce on or about September 30, 1937, from Dallas, Tex., by Consolidated 
Candy Co., and charging adulteration and misbranding in violation of the 
Food and Drugs Act as amended. The article was labeled in part: (Carton) 
"Triple. C 150 Scotty Deal Consolidated Candy Co., Dallas, Texas" (wax wrap- 
pers) "O-K Caramel," "Speed-Way * * * the Oz. or Over," or "Kiddo 
*   *   *   in Oz. or Over."
The article was alleged to be adulterated in that it consisted in whole or in 
part of a filthy vegetable substance.
Misbranding was alleged in that the statement (Speed-Way and Kiddo bars) 
"1% Oz. or Over" was false and misleading and tended to deceive and mislead 
the purchaser when applied to articles that were short weight; and in that 
it was food in package form and the quantity of the contents was not plainly 
and conspicuously marked on the outside of the package since the quantity 
stated was not correct.
On November 26, 1937, no claimant having appeared, judgment of con- 
demnation was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.