4330. Adulteration and misbranding of candy.    TT. S. v. 25 Boxes of Candy.    De¬
fault decree of condemnation and destruction.    (F. D. C. No. 8148.   Sample 
No. 17766-F.)
The coating of this product contained cocoa and coconut oil instead of sweet 
chocolate as listed in the ingredient statement. The candy bars were short of 
the declared weight
On August 18, 1942, the United States attorney for the District of New Jersey 
filed a libel against 25 boxes, each box containing 100 bars, of candy at Belleville, 
N. J., alleging that the article had been shipped in interstate commerce on or 
about July 27, 1942, by Mason, Au & Magenheimer Confectionery Manufacturing 
Co- from Brooklyn, N. Y.; and charging that it was adulterated and misbranded. 
The article was labeled in part: (bars) "Mason's Hawaii."
The article was alleged to be adulterated in that cocoa and coconut oil had 
been substituted wholly or in part for sweet chocolate, which was listed on the 
label as an ingredient.
The article was alleged to be misbranded in that the statement "Sweet Choco- 
late," in the list of ingredients, was false and misleading as applied to an 
artiele containing cocoa and coconut oil. The article was alleged to be mis- 
branded further in that it was in package form and it failed to bear a label 
containing an accurate statement of the quantity of the contents, since the state- 
ment "1% Ozs. Net Weight," borne on the label was incorrect
On November 23, 1942, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.