1883. Adulteration  and misbranding of candy.    U. S. v. 21 Cases of Chocolate
Covered Cordial Cherries. Default decree of condemnation. Product 
ordered delivered to a Federal institution. (F. D. C. No. 3467. Sample 
No. 31520-E.)
This article contained a nonnutritive substance, sulfur dioxide; and a chemical 
preservative, sodium benzoate, which was not declared. The boxes containing 
this product had a capacity of about 73 cubic inches, while the candy could 
have been placed in a box of 58 cubic inches capacity. The statement of the 
ingredients was inconspicuously printed in black* ink on a blue background on 
the fruit of the box.
On December 3, 1940, the United States attorney for the Eastern District of 
Michigan filed a libel against 21 cases of candy at Detroit, Mich., alleging that 
tht article had been shipped in interstate commerce on or about October 15, 
1940, by the Cosmopolitan Candy Co. from Chicago, Ill.; and charging that it 
was adulterated.and misbranded. It was labeled in part: "Lady Bess Chocolate 
Covered Cordial Cherries."        '
The article was alleged to be adulterated in that it was confectionery and 
contained a nonnutritive substance, sulfur dioxide.
It was alleged to be misbranded (1) in that its container was so made, 
formed, or filled as to be misleading; (2) in that the statement of ingredients 
required by the act to appear on the label was not prominently placed thereon 
with such conspicuousness (as compared with other words, statements, designs, 
or devices in the labeling) as to render it likely to be read by the ordinary 
individual under customary conditions of purchase and use; and (3) in that 
it contained sodium benzoate, a chemical preservative, and did not bear labeling 
stating that fact.
On January 9, 1941, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered to a Federal institution.