1389. Misbranding of candy.    U. S. v. 1,340 Boxes of Candy of Assorted Sizes
and Kinds (and 1 other seizure of candy). Default decrees of condem- 
nation and destruction. (F. D. C. Nos. 2317, 2468. Sample Nos. 14357-E to 
14361-B, Incl., 33295-B, 33297-B, 33300-B, 33361-E, 33362-B, 33363-E.)
These candies, which were all wrapped in wax paper, occupied less than the 
capacity of the box in which they were packed, the shortage varying in the 
different types from approximately 30 percent to approximately 52 percent. 
In two of the lots, the name and place of business of the manufacturer, packer, 
or distributor, and the statement of the quantity of contents were hardly legible 
or were completely concealed by folds of the colored cellophane wrapper. In 
one lot the weight was less than the amount declared on the label.
On July 5 and August 2, 1940, the United States attorneys for the Eastern 
District of Pennsylvania and the District of Connecticut filed libels against 1,340 
boxes of candy at Philadelphia, Pa., and 778 packages of candy at Hartford, 
Conn., alleging that the article had been shipped in interstate commerce within 
the period from on or about June 19 to on or about June 27, 1940, by Delight 
Sweets, Inc., from New York, N. Y.; and charging that it was misbranded. It 
was labeled in part variously: "Sugar Dandies"; "Flavored Gold Crest Con- 
fections"; "Salt Water Taffee"; "Oriental Sweets"; "Sliced Orange Gums"; 
"Fashion Sweets"; "Delights Assorted Chews"; "Smiles"; and "Societ Sweets."
The article was alleged to be misbranded in that its containers were so made, 
formed, or filled as to be misleading. Certain lots were alleged to be misbranded 
further in that the name and place of business of the manufacturer, packer, or 
distributor, and the statement of the quantity of the contents required by law 
to appear on the label was not prominently placed thereon with such conspicu- 
ousness (as compared with other words, statements, designs, or devices, in the 
labeling) as to render it likely to be read and understood by the ordinary 
individual under customary conditions of purchase and use. The product 
labeled "Societ Sweets" was alleged to be misbranded further in that the state- 
ment on the label, "Net Weight 7 Ozs.," was false and misleading since it was 
incorrect; and in that it was in package form and did not bear an accurate 
statement of the quantity of the contents.
On July 29 and September 23, 1940, no claimant having appeared, judgments 
of condemnation were entered and the product was ordered destroyed.