6451. Misbranding of candy.    U. S. v. 12 Cartons of Candy.   Decree of condemna¬
tion.    Product ordered released under bond to be relabeled.     (F. D. C. No.
12100.    Sample Nos. 54026-F, 54032-F.)
LIBEL FILED :   March 27,1944, Southern District of California.
ALLEGED SHIPMENT : On or about December 22,1943, by the Keystone Candy Sales 
Corporation, New York, N. Y.
PRODUCT: 12 cartons, each containing 53 1-pound boxes, of candy, at Los Angeles, 
Calif. 
i
LABEL IN PART: (Boxes) "Miss Marvin's Chocolate Covered Fruit and Nut Bar 
in Cream."
VIOLATIONS CHARGED: Misbranding, Section 403 (a), the statements on the label- 
ing, "Fruit and Nut Bar," and "Mixed Fruits & Nuts," were false and mislead- 
ing as applied to the article, which contained no fruit other than % percent of 
citrus peel and 1 fragment of cherry in a pound, and only about 5 percent of 
peanuts, with no other nuts; Section 403 (d), the container was so filled as to 
be misleading since the candy occupied only about 40 percent of the volume 
of the box; and, Section 403 (i) (2), it was fabricated from two or more 
ingredients and its label failed to bear the common or usual name of each 
such ingredient since soya flour was not declared.
DISPOSITION : April 21,1944. The Mid-City Candy Co., Los Angeles, Calif., claim- 
ant, having admitted the allegations of the libel, judgment of condemnation 
was entered and the product was ordered released under bond to be repacked 
and relabeled under the supervision of the Federal Security Agency.
COCOA AND CHOCOLATE*