2086. Adulteration and misbranding of candy.     U. S. v. 37 Boxes and 48 Boxes
of Candy.     Default deerees of condemnation and destruction.     (F. D. C.
Nos. 3729, 3806.    Sample Nos. 50733-E, 50735-E.)
Examination showed that this product was contaminated with insect frag- 
ments and rodent hairs. Moreover, the labeling of a portion failed to bear 
the name of. each of the ingredients from which it was made.
On February 3 and 14, 1941, the United States attorney for the Eastern 
District of North Carolina filed libels against 85 boxes of candy at Wilson, 
N. C, alleging that the article had been shipped in interstate commerce 
on or about July 26 and 30, 1940, and on or about January 4, 1941, by R. H. 
Hardesty Co., Inc., from Richmond, Va.; and charging that it was adulterated 
and that a portion was also misbranded. It was labeled in part: "Hardesty's 
Fine Candies Cluster Pops [or "Coco. Ices"]."
. The article was alleged to be adulterated in that it consisted in whole or 
in part of a filthy substance; and in that it had been prepared under in- 
sanitary conditions whereby it might have become contaminated with filth.
The portion of the article shipped in July 1940, was alleged to be misbranded 
in that it was fabricated from two or more ingredients and did not bear 
a label stating the common or usual name of each of the ingredients.
On February 24, 1941, R. H. Hardesty Co., Inc., having petitioned for per- 
mission to draw samples, an order was entered granting such petition and 
further granting that the intervenor be allowed an extension of 30 days within 
which to file claim or other pleadings. On April 15, 1941, no claim having 
been entered, judgments of condemnation were entered and both lots were 
ordered destroyed after 30 days unless taken down under bond by the owner 
and were destroyed in accordance with such order.