3997. Misbranding of candy. U. S. v. 39 Cartons, 43 Cartons, 25 Cartons, and 42 Cartons of Candy. Default decree of condemnation. Product ordered distributed to charitable institutions. (F. D. C. No. 7772. Sample Nos 92572-B to 92575-B, incl.) Within these cartons were boxes, each containing a cellophane bag of candies. The bags occupied only from 57 to 60 percent of the space in the boxes. Por- tions were short of the declared weight. On June 18, 1942, the United States attorney for the Southern District of California filed a libel against a total of 149 cartons, each containing 24 boxes, of candy at Los Angeles, Calif <, alleging that the article had been shipped in inter- state commerce on or about March 11,1942, by Bon Candies, Inc., from Chicago, 111.; and charging that it was misbranded. The article was labeled in part: (Boxes) "Bitsies [or "Peanuts," "Lassies," or "Carmies"] * * * 2 Ozs. Or Over." The article was alleged to be misbranded in that the containers were so made, formed, or filled as to be misleading. Portions were alleged to be misbranded further in that the statement "Net Wt. 2 Ozs. Or Over" was false and mis- leading as applied to an article that was short of the declared weight, and in .) that it was in package form and' did not bear a label containing the accurate statement of the quantity of the contents. On July 21, 1942, no claimant having appeared, judgment of condemnation wa- entered and the product was ordered delivered to charitable institutions. SPICES