1693. Adulteration of   chocolate   cherries.     IT.   S.  v.   17   Cartons   of   Chocolate
Cherries.    Default  decree of condemnation and destruction.     (F.  D.  C.
No. 3490.    Sample No. 55346-E.)
The boxes containing this product had a capacity of 70 cubic inches. The same 
quantity of cherries could have been placed in a 58-cubic-inch box. The box did 
not bear a statement of the ingredients, and other labeling required by law was 
inconspicuously placed on the end panels.
On December 9,1940, the United States attorney for the District of Idaho filed 
a libel against 17 cartons of candy at Lewiston, Idaho, alleging that the article 
had been shipped in interstate commerce on or about October 2, 1940, by Luden's, 
Inc., from Reading, Pa.; and charging that it was misbranded. It was labeled 
in part: (Boxes) "Satin Finish Chocolate Cordial Cherries."
The article was alleged to be misbranded in that its container was so made, 
formed, or filled as to be misleading; and in that the name and place of business 
of the manufacturer, and statement of artificial flavoring, artificial coloring, and 
chemical preservatives, required by law to appear on the label, were not promi- 
nently placed thereon with such conspicuousness (as compared with other words, 
statements, designs, or devices in the labeling) as to render them likely to be 
read by an ordinary individual under customary conditions of purchase and 
use. The article was alleged to be misbranded further in that it was fabricated 
from two or more ingredients and its label failed to bear the common or usual 
name of each ingredient.
On January 22, 1941, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.