6072. Adulteration and misbranding of candy.    U. S. v. 49 Cartons of Candy.
Default decree of condemnation and destruction.     (F. D. C. No.  12324. 
Sample No. 60539-F.)
LIBEL FILED :   May 8,1944, Northern District of California.
ALLEGED SHIPMENT: On or about March 3, 1944, by the Marzipan Candy Co., 
from Chicago, Ill.
PRODUCT: 49 cartons, each containing 24 bars, of candy at San Francisco, 
Calif.
Examination showed that this product contained little or no hazelnuts, and 
had a strong taste and flavor of benzaldehyde, an artificial flavor. All of 
the mandatory information was printed in a color which failed to contrast 
'sufficiently with the background of the wrapper to make the statements con- 
spicuous. The net weight statement appeared in small type at the end of the 
bar and was almost illegible. The name and address of the manufacturer 
and the statement of ingredients were invisible, since the printed portion of 
the wrapper was folded on the inside.
LABEL IN PART : (Bar wrapper) "Hazelnut Bar * * * Ingredients: 
Hazelnuts—Chocolate Sugar & Syrup."
VIOLATIONS CHARGED: Adulteration, Section 402 (b) (2), a substance which 
contained little or no hazelnuts, had been substituted for "Hazelnut Bar," 
which the article was represented to be.
Misbranding, Section 403 (a), the statement "Hazelnut Bar" was false 
and misleading as applied to an article which contained little or no hazel- 
nuts; Section 403 (f), the name and place of business of the manufacturer, 
packer, or distributor, the statement of the quantity of the contents, and the 
list of ingredients, required by law to appear on the label, were not prom- 
inently placed thereon with such eonspicuousness (as compared with other 
words, statements, designs, or devices on the label) as to render them likely 
to be read by the ordinary individual under customary conditions of pur- 
chase and use.; and, Section 403 (k), the product contained artificial flavoring 
and failed to bear labeling which stated that fact.
DISPOSITION : August 4, 1944. No claimant having appeared, judgment of con- 
demnation was entered and the product was ordered destroyed.