1195. Adulteration  and misbranding of  candy.     IT.  S.  v.   10  Cartons  of  Candy
(and 4 other seizures of candy). Default decrees of condemnation and 
destruction. (F. D. C. Nos. 2042, 2154, 2155, 2170, 2602. Sample Nos. 15309-E, 
15510-E, 15511-E, 15516-E, 15119-E, 20578-E.)
Samples of this product were found to contain rodent hairs and excreta. One 
shipment was also short weight.
Between May 28 and August 17, 1940, the United States attorneys for the 
Eastern District of Missouri, Eastern District of Arkansas, and the Northern 
District of Georgia filed libels against 10 cartons of candy at Poplar Bluff, Mo.; 
38 boxes at Sikeston, Mo.; 40 boxes at Newport, Ark.; 31 boxes at Jonesboro, 
Ark.; and 102 boxes at Atlanta, Ga., alleging that the article had been shipped 
in interstate commerce within the period from on or about April 10 to on or 
about May 16, 1940, by Thomas Bros. Candy Co. from Memphis, Tenn.; and 
charging that it was adulterated and that one shipment was also misbranded. 
The article was labeled in part variously: "Gro Mix."; "lc Jumbo Penny Stick" ; 
"50 Truck'n The Candy Bar That Gives You Pep"; "Net Weight 3% Ounces 
or Over"; "Old Fashion Peanut Bar Thomas Bros. Circus Brand Candies."
The article was alleged to be adulterated in that it consisted in whole or in 
part of a filthy substance. It was alleged to be adulterated further in that it 
had been prepared under insanitary conditions whereby it might have become 
contaminated with filth.
The seizure located at Atlanta, Ga. was alleged to be misbranded in that 
the statement "Net Weight 3% Ounces or Over" was false and misleading 
since it was incorrect. It was alleged to be misbranded further in that it was 
in package form and did not bear an accurate statement of the quantity of 
the contents.
On July 1, 15, and 22 and October 22, 1940, no claimant having appeared, 
judgments of condemnation were entered and the product was ordered destroyed.