3408. Adulteration and misbranding of candy.    U. S. v. 24 Boxes, 24 Boxes, 24
Boxes, 48 Boxes, and 48 Boxes of Candy. Default decrees of condemnation 
and destruction. (F. D. C. Nos. 6926, 6972. Sample Nos. 85350-E, 85352-B, 
85364-E, 85365-E.)
Examination showed that this product was contaminated with filth, such 
as insect fragments and hairs resembling rodent hairs, a portion was short 
weight, and a portion (the marshmallows) contained an undeclared coal-tar 
color.
On February 26 and March 4,1942, the United States attorney for the District 
of Oregon filed libels against 168 boxes, each containing 24 bars, of candy at 
Portland, Oreg., alleging that the article had been shipped in interstate commerce 
on or about February 3 and 16, 1942, by Matzger Chocolate Co. from San Fran- 
cisco, Calif.; and charging that it was adulterated and misbranded. It was 
labeled in part: (Bar wrapper) "Matzger's Big Marshmallow [or "Yum Yum" 
or "Wham!"]."
The article was alleged to be adulterated in that it consisted in whole or in 
part of a filthy substance. The lot shipped on February 3 was alleged to be 
adulterated further in that it had been prepared under insanitary conditions 
whereby it might have become contaminated with filth.
A portion of the candy shipped on February 3 was alleged to be misbranded 
in that the statement "Net Weight 2 Ozs." was false and misleading as applied 
to an article that was short weight, and in that it was in package form and 
did not bear a label containing an accurate statement of the quantity of con- 
tents. A portion of the candy shipped on February 16 was alleged to be mis- 
branded in that it contained artificial coloring and failed to bear labeling stating 
that fact.
On April 13, 1942, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed*