1676. Adulteration   and misbranding of  candy.     U.   S.  v.   38   Boxes   of   Candy.
Default decree of condemnation and destruction. (F. D. C. No. 3103. 
Sample No. 30096-E.)
This product contained rodent hairs and insect fragments and was short of 
the declared weight.
On September 28, 1940, the United States attorney for the Western District of 
Michigan filed a libel against 38 boxes of candy at Benton Harbor, Mich., alleg- 
ing that the article had been shipped in interstate commerce on or about Septem- 
ber 14, 1940, by the Di Giorgio Allegretto Co. from Chicago, Ill.; and charging 
that it was adulterated and misbranded. It was labeled in part: "Net Weight 
2 Oz. Cherry Cordials 50."
The article was alleged to be adulterated in that it consisted wholly or in part 
of a filthy substance; and in that it had been prepared under insanitary condi- 
tions whereby it might have become contaminated with filth.
It was alleged to be misbranded in that the statement "Net Weight 2 Oz." 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 February 18, 1941, claimant Fiore Di Giorgio, trading as Di Giorgio Alle- 
gretto Co., having withdrawn his claim and answer with leave of court, judgment 
of condemnation was entered and the product was ordered destroyed.