2093. Misbranding of candy.    U. S. v. 34 Boxes, 32 Boxes, and 32 Boxes of Candy.
Default decrees of condemnation. Product ordered delivered to a chari- 
table institution. (F. D. C. Nos. 4056, 4057. Sample Nos. 56.349-E to 56351-E, 
incl., 56369-E to 56372-E, incl.)
The quantity of contents statement on the label of this product was incorrect, 
since the net weight marked on the package was really the weight of the candy 
plus the weight of the wrappers. Furthermore, the labeling gave the erroneous 
impression that the article was of foreign origin.
On March 26, 1941, the United States attorney for the Southern District of 
New York filed libels against 6& 5-pound boxes and 32 pound boxes of candy at 
New York, N. Y., alleging that the article had been shipped on or about December 
12, 1940, and February 7 and 26 and March 10, 1941, from Boston, Mass., by the 
Italian Fruit Caramel Co.; and charging that it was misbranded. It was labeled 
in part: "Carmella storing Italian Fruit Drop [or "Italian Style Hard Candy"] 
Gold Medal Award Bologna, Italy."
The article was alleged to be misbranded in that the labeling on the wrappers 
of the individual pieces of candy was false and misleading because it bore the 
design of gold medals and the words "Bologna, Italy," prominently placed, all 
of which gave the impression that it was of foreign origin; in that the net weight 
stated on the boxes was false and misleading; and in that it was in package form 
and did not bear an accurate statement of the quantity of the contents.
On April 8, 1941, no claimant having appeared, judgments of condemnation 
were entered and the product was ordered delivered to a charitable institution.
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