1388. Misbranding of candy. U. S. v. 500 Boxes of Candy (and 2 other seizure 
actions against candy). Default decrees of condemnation. Portion of 
product delivered to charitable institutions, remainder ordered de- 
stroyed. (F. D. C. Nos. 1960, 2151, 2652. Sample Nos. 14804-B, 19033-E, 
19034-E, 33094-E.)
This case involved various kinds of candy that was packed in deceptive con- 
tainers. One lot of gum drops was packed in boxes, each of which contained 
about 3 ounces of candy but which could have held 1 pound of wrapped, or 1% 
pounds of unwrapped, gum drops. A second lot consisted of gum drops and 
taffy packed in boxes each containing 20 pieces of wrapped, loosely packed 
candy occupying about two-thirds of the space in the box. When shaken down 
and pressed lightly, the candy filled only about 40 percent of the capacity of 
the box. A third lot consisted of salt water taffy, which was wrapped in wax 
paper with twisted ends, and which when pressed down, occupied only about 
60 percent of the space in the box. A fourth lot consisted of chocolate candies 
in cellophane-wrapped boxes with extension edges on the top and bottom. Each 
layer contained 12 pieces of candy separated by cardboard dividers, which were 
much too large for the size of the candies.
Between May 14 and August 23, 1940, the United States attorneys for the 
District of New Jersey and the Western District of Pennsylvania filed libels 
against 500 boxes of candy at South River, N. J., 2 gross boxes at Union City, 
N J., and 166 cartons at Pittsburgh, Pa., alleging that the article had been 
shipped in interstate commerce within the period from on or about May 7 
to on or about June 26, 1940, by Delight Sweets, Inc., from New York, N. Y.;. 
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: "Gum 
Joy Assortment"; "Duplex Assortment Gums and Chews"; "Venetian Sweets 
Assorted Chews"; and "Moonbeam Assorted Chocolates."
On September 25 and December 21, 1940, no claimant having appeared, judg- 
ments of condemnation were entered. The product seized in the Western Dis- 
trict of Pennsylvania was ordered destroyed and that seized in the District of 
New Jersey was ordered distributed to charitable institutions.