5447. Misbranding of candy-filled glass toys.    U.  S.  v.  9 Dozen Candy-Filled
Glass Toys, et al.    Default decree of condemnation.    Products ordered 
/ distributed to a welfare organization.     (F. D. C. No. 10126.    Sample No.
34104-F.)
These products were short weight.
On June 21, 1943, the United States attorney for the Western District of New 
York filed a libel against the following candy-filled glass toys at Buffalo, N. Y.: 
9 dozen automobiles, 12 dozen battleships, 8% dozen busses, and 1%2 dozen tele- 
phones, alleging that the articles had been shipped in interstate commerce on or 
about March 12 and May 20,1943, by Victory Glass, Inc., Toy Division, from Jeans 
nette, Pa.: and charging that they were misbranded. The articles were labeled in 
part: "Miniature Streamline Auto [or "Battleship" or "Motorbus"] * '* ¦-* 
Contents % Ounce or More," or "Miniature Dial Telephone * * * Contents 
% Ounce or More."
They were alleged to be misbranded in that the statements "Contents % Ounce 
or More" (auto, battleship, motorbus) and "Contents % Ounce or More" (tele- 
phone) were false and misleading as applied to articles that were short weight;
and in that they were in package form* and failed to bear labels containing 
an accurate statement of the quantity of the contents.
On July 22, 1943, no claimant having appeared, judgment of condemnation 
was entered and the products were ordered delivered to a welfare organization.