5831. Adulteration and misbranding of candy.    U. S. v. 10 Gases and 50 Gases of
Candy. Default decree of condemnation. Product ordered delivered to a 
charitable institution. (F. D. C. Nos. 10947, 11158. Sample Nos. 41550-F, 
38600-F.)
cago Peanut Bar," (the label of this portion bore a statement of the quantity of 
the contents and a list of ingredients which, however, were printed in fine 
blue type on clear cellophane, and were practically illegible). (Portion at San 
Antonio) "Lady Helen Peanut Butter Kisses."
VIOLATIONS CHARGED: Adulteration (Milwaukee lot), Section 402 (b) (1), a 
valuable constituent, peanuts, had been in part omitted; Section 402 (b) (2), 
puffed rice had been substituted in whole or in part for peanuts; Section 402 (b) 
(3), inferiority had been concealed by the use of puffed rice; and, Section 402 
(b) (4), puffed rice had been added to or mixed or packed with the article 
so as to increase its bulk or weight or make it appear better or of greater value 
than it was.
Misbranding (Milwaukee lot), Section 403 (a), in that the name, "Peanut 
Bar," was false and misleading as applied to a product containing puffed rice; 
and, Section 403 (f), in that the statement of the quantity of the contents and 
the common or usual name of each ingredient, required by law to appear on 
the label, was not prominently placed thereon with such conspieuousness (as 
compared with other words, statements, designs, or devices in the labeling) 
as to render them likely to be read by the ordinary individual under customary 
conditions of purchase and use.
Misbranding (San Antonio lot), Section 403 (a), in that the statement, 
"One Pound Net Weight," appearing on the label, was false and misleading 
as applied to an article that was short-weight; and, Section 403 (e) (2), in 
that it was in package form and failed to bear a label containing an accurate 
statement of the quantity of the contents.
DISPOSITION : December 4 and April 5,1944. No claim having been entered, the 
product was condemned and ordered delivered to a charitable institution.