5443. Misbranding of candy.    V. S. v. 22 Cases and 25 Cases of Candy.    Consent
decree of condemnation. Product ordered released under bond for re- 
labeling: and repacking:. (F. D. C. No. 10345. Sample Nos. 12285-F, 
12286-F.) >^~ 
'
This candy was contained in small cedar chests, each chest containing a 
cellophane-wrapped tray of candy which was elevated by means of a false bottom.
•See also, Gift Packages.
When opened, the chest appeared full of candy.   The candy occupied, however,
\ only approximately 31 percent of the capacity of the container.   The label failed
) to bear the name and place of business of the manufacturer, packer, or distributor.
On August 6, 1943, the United States attorney for the District of Oregon filed 
a libel against 47 cases* each containing 12 cedar chests, of candy at Portland; 
Oreg., alleging that the article had been shipped in interstate commerce by the 
Evans Novelty Co. from Chicago, Ill., on or about June 25 and 28, 1943; and 
charging that it was misbranded. Each chest contained a cellophane-wrapped 
tray of candy with a sticker label reading: "De Luxe Assortment Ingre- 
dients   *   *    *   Net Weight 1 Pound."
The article was alleged to be misbranded in that the containers were so filled 
as to be misleading, since the candy occupied only approximately 31 percent of 
the capacity of the container, and in that it was food in package form but failed 
to bear a label containing the name and place of business of the manufacturer, 
packer, or.: distributor. 
:   ,
On August 19, 1943, Victor's Novelty Co., Portland, Oreg., claimant, having 
consented to the entry of a decree, judgment of condemnation was entered and 
it was ordered that the product be released under bond, conditioned that it be 
relabeled and; repacked in a manner satisfactory to the Food and Drug Admin- 
istration.