5588. Adulteration and misbranding of gift packages.    U. S. v. 47 Dozen and 9
Cases of Gift Packages.    Default decrees of condemnation and destruc- 
tion.     (F. D. C. Nos. 10928, 12180.    Sample Nos. 29671-F, 60530-JBV)
Examination showed that the crackers, candy, and peanuts in these packages 
contained one or more of the following: Insect excreta, webbing, pupae, beetles,
?For gift packages containing candy as the only food product see Nos. 5443, 5444.
or larvae. The crackers in one lot were rancid and unpalatable. One lot was 
also short weight 
,     ¦
On October 12, 1943, and April 13, 1944, the United States attorney for the 
Northern District of California filed libels against 47 dozen gift packages and 9 
cases, each containing 12 gift packages in the form of checkerboard cartons* at 
San Francisco, Calif., alleging that the article had been shipped in interstate com- 
merce on or about September 1 and 3,1943, by Newberg-Wind, Inc., from Babylon, 
N. Y.; and charging that it was adulterated and misbranded. One portion was 
labeled in part: (Sticker on package) "Checkers Mai Newburg Co. New York, 
N. Y.," and the remainder was labeled in part: (Sticker on checkerboard) "Con- 
tents: 2 Books 1 Puzzle 1 Writing Kit 1 Pencil 1 Checkers 1 Lb. Candy."
The article was alleged to be adulterated (9 cases) in that it consisted in whole 
or in part of a filthy substance, and (47 dozen cases) in that it consisted in whole 
or in part of a filthy and decomposed substance and was otherwise unfit for food.
One lot (47 dozen packages) was alleged to be misbranded in that the state- 
ment "Net Weight 1 Lb or Over" was false and misleading as applied to an article 
which was short weight, and in that it was in package form and its label failed 
to bear an accurate statement of the quantity of the contents.
On November 9, 1943, and June 2,1944, no claimant having appeared, judgments 
of condemnation were entered and the product was ordered destroyed.