28570. Misbranding of candy.    XJ. S. v. 8 Cases of Candy.   Default decree of con¬
demnation and destruction.     (F. & D. No. 41194.    Sample No.  50583-C.)
The net weight of this product was less than that claimed in the contents 
statement that was inconspicuously placed on the bottom of the box.
On December 22, 1937, the United States attorney for the Eastern District 
of Louisiana, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of eight cases of 
candy at New Orleans, La., alleging that the article had been shipped in inter- 
state commerce on or about November 22 and December 3, 1937, by Head Can- 
dies, Inc., from Atlanta, Ga., and charging misbranding in violation of the 
Food and Drugs Act as amended. The article was labeled in part: (Wrapper) 
"Head Candies, Inc. Atlanta   Peanut Brittle   10 Ounces Net Weight"
It was alleged to be misbranded in that the statement "10 Ounces Net 
weight" was false and misleading and tended to deceive and mislead the pur- 
chaser when applied to an article that was short weight; and in that it was 
food in package form and the quantity of contents was not plainly and con- 
spicuously marked on the outside of the package since the quantity stated 
was not correct and the statement of net weight was inconspicuous.
On January 19, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
W. R. GEEGG, Acting Secretary of Agriculture.