1859. Adulteration and misbranding of candy.   XT. S. v. 33 Cases of Candy (and
2 other seizure actions against candy). Default decrees of condemnation 
and destruction or sale. .(F. D. C. Nos. 3716, 3743, 3744. Sample Nos. 
37139-E, 44598-H, 55740-H.)
Two lots of this product were contaminated with rodent hairs and insect 
fragments. The third lot was deceptively packaged in boxes in which the top 
layer contained an average of 20 pieces of candy while the bottom layer con- 
tained only 14 similar pieces of candy.
Between January 27 and February 3, 1941, the United States attorneys for 
the District of Oregon, Southern District of Georgia, and Western District of 
Texas filed libels against 33 cases of candy at Portland, Oreg., 36 boxes of candy 
at Savannah, Ga., and 84 boxes of the product at El Paso, Tex., alleging that 
the article had been shipped in interstate commerce, on or about December 
16, 17, and 28, 1940, by the Elmer Candy Co. from New Orleans, La.; and 
charging that portions were adulterated and that the remainder was mis- 
branded. The article was labeled in part, variously: "Elmers New Orleans Mint 
Bublets," "Elmer's Quality Package Fruit & Nuts and Special Centers," or 
"Elmer's Cottage Sweets   *   *   *   Hand Rolled Creams and Selected Centers."
The "Mint Tablets" and the "Fruit & Nuts and Special Centers," were al- 
leged to be adulterated in that they consisted in whole or in part of filthy sub- 
stances. The latter was alleged to be adulterated further in that it had been 
prepared under insanitary conditions whereby it might .have become contaminated 
with filth.
The product labeled. "Cottage Sweets" was alleged to be misbranded in that 
its containers were so made, formed, or filled as to be misleading.
On March 3, 10, and 28, 1941, no claimant having appeared, judgments of 
condemnation were entered and it was ordered that the adulterated lots be 
destroyed and that the misbranded lot be sold.