29513. Adulteration of candy.    TT.  S. v. 17 Boxes of Candy   (and five  similar
seizure  actions).     Default  decrees  of condemnation and destruction.
(F. & D. Nos. 43216. 43285, 43741, 43742, 43804, 43805.    Sample Nos. 9285-D, 
23939-D, 37828-D, 3S246-D, 38247-D, 38248-D.)
This product having been shipped in interstate commerce and remaining 
in the original unbroken packages, was at the time of examination found to 
be insect-infested.
On or about August 6, August 11, September 8, and September 14, 1938, the 
United States attorneys for the Northern District of Alabama, the Southern 
District of Texas, and the Eastern District of Louisiana, acting upon reports 
by the Secretary of Agriculture, filed in their respective district courts libels 
praying seizure and condemnation of 17 cartons of candy at Birmingham, Ala., 
60 boxes of candy at Houston, Tex., and 15 cartons of candy at New Orleans, 
La.; alleging that the lots at Birmingham, Ala., and Houston Tex., had been 
shipped in the period from on or about May 13, 193S, to on or about August 
13, 1938, by the Elmer Candy Co. from New Orleans, La., and that the lot at 
New Orleans, La., had been shipped on or about August 2, 1938, by Jos. Werner 
Co. from Springfield, Ill., to the Elmer Candy Co., New Orleans, La.  having 
been returned to the manufacturer by the said Jos. Werner Co.); and charg- 
ing adulteration in violation of the Food and Drugs Act.
Adulteration was alleged in that the article consisted wholly or in part of 
a filthy vegetable substance.
On or about September 12, September 29, October 20, and October 29, 1938, 
no claimant having appeared, judgments of condemnation were entered and 
the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.