4950. Misbranding of, candy. XJ„ S^ v. 12 Cartons, and 12' Cartons, of. Candy. Default decree 
of condemnation. - Product ordered delivered to a charitable institution or destroyed.
(F.',D. C. No'.'9587.   .Sample Nos. 13275-F, 13276-F.)        "    " '
On March 19, 1943, the United States attorney for the District of Oregon,filed a 
libel against 12 cartons, each containing 1 small cedar chest of candy, and 12 cartons, 
each containing 1 small vanity chest of candy, at Portland, Oreg., alleging that the 
articles had been shipped in interstate commerce on or about February 24, 1943, by 
the Sterling Tobacco Co. from Seattle, Wash. (This shipment consisted, of 2 lots of 
candy, originally shipped by the Acme Sales. Co. from Portland, Oreg. to Seattle,1 
Wash., which was returned by the consignees.)
The article, was alleged to be misbranded (!)_ in that the containers were made, 
formed, and filled as to, be misleading since they were not reasonably well filledwith 
candy and this fact was not apparent whenJihe boxes were examined by, the. ¦pur- 
chaser;. (2) in; that it was in; package form arid failed tobear a latfel; containing 
(a) the name and place Of business of the manufacturer, packer,,or distributor, and 
¦(b)- are accurate-statement of the .quantity; of the contents;; ¦.,_ (3) in-that, the label 
failed to bear the common or usual name of the, food; and, (4) , in that it ;was fabri- 
cated from two or more ingredients and its labels fail;eh to bear; the common; or 
usual name of each ingredient. 
von 
rw     . :   ai;::i:< !.¦,;-.'
On May 15, 1943, no claimant having appeared, judgment of condemnation was 
entered and.the product was ordered,delivered to aicharitable institution pr,destroyed:.