946. Misbranding of candy.     U.  S. v. 81, 42, and 41 Boxes of Candy.    Default
decrees ordering product destroyed or distributed to charitable institu- 
tions.    (F. D. C. No. 1548.    Sample Nos. 91234-D, 91235-D, 91236-D.)
One lot of this product was loosely packed in flat cardboard cartons with 
extension edges and cardboard dividers. A second lot was in cartons each 
containing 2 layers, with 18 pieces in the top layer and only 12 pieces in the 
bottom layer, separated by cardboard dividers. In the third lot, the boxes had 
extension edges and a cardboard insert about % inch wide at each end; there 
were two layers of candy, the lower layer being loosely packed because of 
cardboard dividers.
On February 29, 1940, the United States attorney for the District of Minnesota 
filed libels against 164 boxes of candy at Minneapolis, Minn., alleging that the 
article had been shipped in interstate commerce within the period from on or 
about September 29, 1939, to on or about January 9, 1940, by the Boulevard 
Candy Co. from Chicago, Ill.; and charging that it was misbranded in that its 
containers were so made, formed, or filled as to be misleading. The article 
was labeled in part variously: "Coronet Assorted Sweets"; "Boulevard Creamed 
Brazil Nuts" ; or "Moderne Chocolates."
On August 13, 1940, no claimant having appeared, judgments were entered 
nunc pro tunc as of April 11, 1940, condemning the product but ordering that 
it might be delivered to a charitable institution in lieu of destruction.