5448. Misbranding of candy. V. S. v. 849 Cases- of Candy. Decree of condemna- 
tion. Product ordered released under bond to be made to conform -with 
the law.    (F. D. C. No. 10462.   Sample No. 11547-F.)
The cartons contained 5 pieces of taffy wrapped in waxed paper with twisted 
ends.   They were 4 inches tall and the average headspace measured 1%6 inches.
On August 25, 1943, the United States attorney for the Northern District of 
California filed a libel against 849 cases, each containing 120 cartons, of candy 
at San Francisco, Calif., alleging that the article had been shipped in inter- 
state commerce on or about June 14,1943, by the United Cigar-Whelan Stores Cor- 
poration, from Brooklyn, N. Y.; and charging that it was misbranded in that its 
container was so filled as to be misleading since the candy occupied only about 
62 percent of the volume of the carton. It was labeled in part: (Cartons) "Long 
Chews   *   *   *   manufactured by Fralinger's Atlantic City, N. J."
On October 21, 1943, the United Cigar-Whelan Stores Corporation, having 
appeared as claimant, judgment of condemnation was entered and the product 
was ordered released under bond, conditioned that it be made to conform with 
the law under the supervision of the Food and Drug Administration.