2798. Adulteration and misbranding of candy.     U. S. v. Louis Gliekstern.     Plea
of guilty.    Fine, $20.     (F. D. C. No. 4190.    Sample Nos. 36951-E, 36952-E.)
Examination showed that this product contained rodent hairs and insects and 
insect fragments. One lot was deceptively packaged, and both lots failed to 
comply with certain labeling requirements of the law as explained hereinafter.
On September 19, 1941, the United States attorney for the District of Massa- 
chusetts filed an information against Louis Gliekstern, Boston, Mass., alleging 
shipment on or about December 9, 1940, from the State of Massachusetts into 
the State of Maine of a quantity of candy that was adulterated and misbranded. 
It was labeled in part: (Cartons) "1 Lb. Cherry Basket," or "Chocolate Malted 
Balls."
It was alleged to be adulterated in that it consisted in whole or in part of a 
filthy substance.
The portion of the candy that was labeled "Cherry Basket" was alleged to be 
misbranded (1) in that the statements "1 Lb." and "1 Lb. Net Weight," appearing 
on the cartons and boxes respectively, were false and misleading since the 
cartons and boxes did not contain 1 pound of candy but did contain a smaller 
amount; (2) in that its container was so made, formed, or filled as to be mis- 
leading; and (3) in that it was fabricated from two or more ingredients and the 
label did not bear the common or usual name of each ingredient. Both lots of 
the article were alleged to be misbranded (1) in that it was food in package 
form but did not bear an accurate statement of the quantity of contents in terms 
of weight; and (2) in that it was in package form and did not bear a label 
containing the name and place of business of the manufacturer, packer, or 
distributor.
On October 7, 1941, the defendant having entered a plea of guilty, the court 
imposed a fine of $20.