2538. Misbranding of candy.    IT.   S.  v.  37 Boxes  of Candy.    Default decree of
condemnation and destruction.     (F. D. C. No. 1806.    Sample No. 6034—E to 
6037-E, incl.)
The labeling of this product bore false and misleading representations re- 
garding its efficacy -as a reducing agent. Furthermore, the lower layer of the 
boxes contained a smaller amount (in some instances half or less than half) of 
candy than the upper layer.
On April 19, 1940, the United States attorney for the District of Montana 
filed a libel against a total of 37 boxes of candy at Butte, Mont, alleging 
that the article had been shipped in interstate commerce within the period from 
on or about January 17 to on or about March 4, 1940, by Mrs. J. G. McDonald 
Chocolate Co. from Salt Lake City, Utah; and charging that it was misbranded. 
The article was labeled variously: "McDonald's * * * Slenderizing Choco- 
lates"; "3 Favorites Meadow Milk Chocolates"; "Chocolate Covered Cherries 
Cream Brazil Nuts"; or "McDonald's Cherry Chocolates."
A portion of the article was alleged to be misbranded in that the statement 
"My Slenderizing Chocolates," borne on the label, was false and misleading as 
applied to an article containing the ingredients listed in the ingredient state- 
ment, namely, whipping cream, fresh eggs, creamery butter, chocolate, honey, 
sugar, nuts, and fruits, which would have no slenderizing effects. All lots 
were alleged to be misbranded in that the statements "How to keep slender 
*' * * Slenderizing Hand-Rolled.Chocolates * * * There is no more worry 
about excessive weight * * * Mrs. J. G. McDonald's World Famous Choc- 
olate Coatings are extremely low in cocoa butter content * * * contains 
Dextrose and Levulose. These energizing ingredients are most essential in burn- 
ing up excess fat * * * Eat Mrs. McDonald's Chocolates every day and keep 
fat away," appearing in the circular contained in the boxes, were false and mis- 
leading as applied to an article containing ingredients that have no slenderizing 
effects and do not burn up excess, fat and do not keep fat away.
The cherry chocolates were alleged to be misbranded further in that the state- 
ment "whipping cream, fresh eggs, creamery butter, cocoanut, nuts, fruits" on 
the boxes was false and misleading as applied to an article that did not contain 
whipping cream, fresh eggs, creamery butter, cocoanut, and nuts as declared on 
the label and that contained only one fruit, namely, cherries.
All lots were alleged to be misbranded further in that the containers were so 
filled as to be misleading. They were alleged to be misbranded further in that the 
labels did not bear the name and place of business of the manufacturer, packer, 
or distributor, the statement of the quantity of the contents, the statement of in- 
gredients, the statements of artificial flavor and artificial color and chemical 
preservative required by law to appear on the labels, prominently placed thereon 
with such conspicuousness as to render them likely to be read and understood by 
the ordinary individual under customary conditions of purchase and use.
On May 23, 1940, no claimant having appeared, judgement of condemnation 
was entered and the product was ordered destroyed.