1499. Misbranding of candy.   TJ. S. v. 10 Boxes and 10 Boxes of Candy.   Default
decree of condemnation and destruction.    (F. D. C. No. 3357.    Sample Nos. 
15813-E, 15814-E.)
One lot of this candy was in metal-covered wooden boxes, 3 inches deep. The 
lower two-thirds of the box wasjjjyided into three compartments which, how- 
ever, were empty, the candy beingcontained in the upper third of the box. The 
other lot was in cedar boxes which'had an inverted cardboard tray in the 
bottom, which occupied about 27 percent of the lower part of the box and 
which was empty. The latter lot was also short of the weight declared on 
an attached punchboard.   The boxes in both lots were unlabeled.
On November 7, 1940, the United States attorney for the Eastern District of 
Missouri filed a libel against 10 boxes and 10 boxes of candy at St. Louis, Mo., 
alleging that the article had been shipped in Interstate commerce on or about 
October 1, 1940, by Di Giorgio Allegretto Co. from Chicago, Ill.; and charging 
that it was misbranded. It was labeled in part: "Make-Up Chest [or "Cedar 
Chest"]   *   *   * Allegretto Assorted Chocolates."
The article was alleged to be misbranded in that its container was so made, 
formed, or filled as to be misleading; and in that it was in package form and 
did not bear a label containing the name and place of business of the manu- 
facturer, packer, or distributor nor an accurate statement of the quantity of 
the contents; in that it failed to bear the common or usual name of the food; 
in that it was fabricated from two or more ingredients and failed to bear the 
common or usual name of each such ingredient; and in that the statement on 
the punchboard enclosed with the cedar chests, "two pounds of * * * i 
Assorted Chocolates," was false and misleading since it was incorrect.
On December SO, 1940, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.