5446. Misbranding of candy and toy packages.   U. S. v. 35 Cartons of Candy and
Toy Packages (and 2 other seizure actions against candy and toy pack- 
ages) . Decrees ordering destruction of portion of product and delivery 
of remainder to charitable institutions. (F. D..C. Nos. 10143, 10144, 10281. 
Sample Nos. 37338-F, 43419-F, 46334-F to 46337-F, incl.)
Some of the packages were filled with 4 paper-wrapped candy kisses and a 
prize which, together, occupied, in certain packages, about '20 percent of the 
volume and, in other packages, about one-half of the volume. The remainder 
contained from 1 to 9 very small pieces of candy and a prize which, together, 
occupied less than 10 percent of the volume of the packages.
* On or about June 24 and July 20, 1943, the United States attorneys for the 
District of Maryland and the Western District of Missouri filed libels against 
thefollowing quantities of candy and toy packages: 35 cartons, each containing 
100 packages, at Kansas City, Mo., and 28 cartons and 74 cartons, each contain- 
ing 100 packages, and 58, 88, and 58 cartons, each containing 80 packages, at 
Baltimore, Md.; alleging that the articles had been shipped on or about May 24 
and June 3 and 17,1943, frpm Brooklyn, N. Y., by the Novel Package Corporation; 
and charging that they were misbranded. The articles were labeled in part: 
(Packages) "Candy & Toy General Douglas Macros Packed For and Dis- 
tributed By Pioneer Specialty Co. Brooklyn, N. Y. [or "U. S. War Planes * * * 
Keep 'em Flying,"]," "U. S. Navy Warships * * * Packed and Distributed 
By Novel Package Corp.," or "Remember Pearl Harbor Candy & Toy * * * 
Packed and Distributed by Candyland Company Brooklyn, N. Y."
The articles were alleged to be misbranded in that their containers were so 
filled as to be misleading. A portion was alleged to be misbranded further in 
that it was in package form and failed to bear a label containing an accurate 
statement of the quantity of the contents.
On October 21, 1943, no claimant having appeared for the lot at Kansas City, 
a decree was entered ordering it to be-destroyed. On November 15, 1943, ho 
claimant having appeared for the lots at Baltimore, judgments of condemnation 
were entered and they were ordered delivered to a charitable institution.