1384. Adulteration and misbranding of candy.    U. S. v. 12 Jars and 11 Boxes of
Candy (and 3 other seizure actions against candy). Default decrees of 
condemnation and destruction. (F.D. C. Nos. 2558, 3250, 3276, 3360. Sam- 
ple Nos. 20430-E, 20431-E, 20490-E, 20297-E, 20298-E, 37423-E.)
This product contained rodent hairs and insect fragments. The labeling of 
one lot failed to declare the presence of artificial color and also failed to bear 
a statement of the ingredients as required by law.
On or about August 21, October 22 and 23, and November 12, 1940, the 
United States attorneys for the Southern District of Florida, Western District 
of North Carolina, Middle District of North Carolina, and Western District 
of South Carolina filed libels against 12 jars and 11 boxes of candy at West 
Palm Beach, Fla.; 38 boxes of candy at Shelby, N. C.; 29 boxes of candy at 
Fort Mill, S. C.; and 31 boxes of candy at Winston Salem, N. C, alleging that 
the article had been shipped in interstate commerce within the period from 
on or about July 27 to October 19, 1940, by Carstarphen, Inc., from Macon, Ga.; 
and charging that it was adulterated and misbranded. The article was vari- 
ously labeled: "2/10 mint balls"; "10 mint pillows"; "H Asst. Capt. Jack"; 
and "if Sno-Jo."
It was alleged to be adulterated in that it consisted in whole or in part of 
a filthy substance; and in that it had been prepared under insanitary conditions 
whereby it might have become contaminated with filth.
The product labeled "Mint Balls" was alleged to be misbranded in that it 
was fabricated from two or more ingredients and its label did not bear the 
common or usual name of each such ingredient; and in that it contained arti- 
ficial coloring and did not bear labeling stating that fact.
Between December 10 and December 17, 1940, no claimant having appeared, 
judgments of condemnation were entered and the product was ordered 
destroyed.