2809. Misbranding of candy. V. S. v. 36 Cases of Candy Pops. Default decree of condemnation and destruction. (F. D. C. No. 1971. Sample No. 10913-E.) Examination showed that the boxes containing this product could have held 25 percent more pops without packing, forcing, or systematical arrangement; and that the labeling was further objectionable as indicated hereinafter. On May 15, 1940, the United States attorney for the District of New Jersey filed a libel against 36 eases of candy pops at Hoboken, N. J., alleging that the article had been shipped in interstate commerce on or about March 26, 1940, by E. Rosen Co: from Providence, R. I.; and charging, that it was misbranded. It was labeled in part: "Fanny Brice's 'Baby Snooks' Pops." The article 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 quantity of contents required by law to appear on the label or labeling was not promi- nently placed thereon with such conspicuousness as to render it likely to be read by the ordinary individual under customary conditions of purchase and use; (8) in that the individual pieces failed to bear the name and place of business of the manufacturer, packer, or distributor; (4) in that the article was fabricated from two or more ingredients and the label on the individual pieces did not bear the common or usual name of each ingredient; and (5) in that it bore or con- tained artificial flavoring and artificial coloring and the individual pieces did not bear labeling stating that fact. On January 3, 1941, upon petition of the E. Rosen Co., the case was trans- ferred to the District of Massachusetts, but the claimant having subsequently noti- fied the United States attorney for that district that he did not intend to contest the action, on January 12, 1942, judgment of condemnation was entered and the product was ordered destroyed.