29422. Adulteration  and misbranding of candy.     17.  S. v. 20 Boxes of Candy
(and 4 other seizure actions against the same product). Default 
decrees of condemnation and destruction. (F. & D. Nos. 42981, 43036, 
43081, 43122, 43129, 43130. Sample Nos. 16251-D, 23862-D, 23874-D, 23903-D, 
23904-D, 23905-D.)
Samples of this product were found to contain insects, insect fragments, and 
rodent hairs. In certain instances the quantity of the contents was not correctly 
declared since in one lot a shortage from the declared weight was found and 
in three lots the statement on the labels, "% oz. or over," gave no accurate 
idea of the weight of the contents, which averaged 3 ounces or more.
On or about June 25, July 9, 16, 26, and 27, 1938, the United States attorney 
for the Southern District of Texas, acting upon reports by the Secretary of 
Agriculture, filed in the district court libels praying seizure and condemnation of 
6 lots, totaling 153 boxes of candy, at Houston, Tex.; alleging that the article 
had been shipped in interstate commerce on various dates within the period 
from on or about June 1, 1937, to on or about May 4, 1938, by Primrose Candy 
Co. from New Orleans, La.*, and charging adulteration and misbranding in 
violation of the Food and Drugs Act as amended. The article was labeled in 
part: "Betty's Pure Candy Primrose Candy Co. New Orleans, La."
It was alleged to be adulterated in that it consisted wholly or in part of a 
filthy vegetable substance.
Misbranding was alleged in that the statements on the labels "% Oz. or over" 
with respect to two lots and the statement "3% Oz. or over" with respect to 
one lot were false and misleading and tended to deceive and mislead the pur- 
chaser, since in the former instance the statement gave no accurate idea of 
the amount of food in the package and in the latter instance the package 
contained less than 3^ ounces. Misbranding was alleged with respect to the 
said three lots and also with respect to a fourth lot in that the article was food 
in package form and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package, since the quantity stated 
was not correct.
On September 2, 6, and 9, 1938, no claimant having appeared, judgments of 
condemnation were entered and the product was ordered destroyed.
HARBY L. BROWN, Acting Secretary of Agriculture.