5445. Misbranding of candy.    V. S. v. 4 Cases and 11 Cases of Candy,    Default
decree of condemnation.   Product ordered delivered to charitable organi- 
zations.    (F. D. C. No. 10372.    Sample Nos. 14497-F, 14498-F.) .
A portion of this product (4 cases) consisted of a cardboard novelty box 
in the shape of a bomb and contained from 21 to 25 individually-wrapped candies. 
The remainder (11 cases) consisted of a cardboard novelty box in the shape 
of a bombshell and contained from 6 to 10 individually-Wrapped candies, Which 
occupied on an average about 60 percent of the container. Each package had 
an inset in the bottom about one-half inch deep. A portion of the product was 
found to be short weight.  The net weight declaration, was inconspicuous on both
labels.:--; '   ¦ 
On August 7* 1943,. the United States attorney for the Southern District of 
California filed a. libel against 4 eases, each containing 60 packages, and 11 cases, 
each containing 144 packages, of candy at Los Angeles, Calif., alleging that the 
article had been shipped in interstate commerce on or about February 10 and 
March 5, 1943, by the Fascination Candy Co. from Chicago, Ill.; .and charging 
that it was misbranded.   The article was labeled in part:   (Packages) Vials 
Mail to Tokyo U. S. A. Aerial Bomb   */ *   *   Net Weight 6 Ozs.," or ''The 
} Victory Bomb-Shell Junior." 
J      The article was alleged to be misbranded in that the statement of quantity 
of contents required by law to appear on the label was not prominently placed
thereon with such conspicuousness (as compared with other words, statements, 
designs, or devices in the labeling) as to render it likely to be read by the 
ordinary individual under customary conditions of purchase and use, and in that 
its label failed to bear the common or usual name of the food, candy. A portion 
of the article (4 cases) was alleged to be misbranded further in that the state- 
ment "Net Weight 6 Ozs." was false and misleading as applied to a product that 
was short weight; and in that its container was so made as to be misleading 
since it had an inset about one-half inch deep in the bottom of the package; and 
in that it was in package form and failed to bear a label containing an accurate 
statement of the quantity of the contents. The remainder of the article (11 
cases) was alleged to be misbranded in that its container was so made and 
filled as to be misleading since it had an inset about one-half inch deep in the 
bottom of the package and the wrapped candy occupied only about 60 percent 
of the capacity of the container.
On September 3, 1943, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered delivered to charitable organiza- 
tions. -