7764. Adulteration and misbranding of candy.    U. S. v. 76 Chests of Candy.    De¬
fault decree of condemnation and destruction.     (F. D. C. No. 15094.    Sample 
No. 9485-H.)
LIBEL FILED :   January 25,1945, Western District of New York.
ALLEGED SHIPMENT : On or about May 5, 1944, by the Paul X. Bergin Co., from 
Providence, R. I.
PRODUCT: 76 chests, each containing iy2 pounds, of candy, at Buffalo, N. Y. The 
article was packed in a chest made of wood with a hinged lid. Inside the chest 
was a cardboard 1-pound candy box containing two layers of candy separated 
by a sheet of cardboard. The top layer contained 16 pieces of candy while the 
bottom layer, which contained a "W"-shaped supporting cardboard strip, con- 
tained only 8 pieces of candy.
LABEL IN PART: (Top of chest) "Mary Taylor Chocolates"; (bottom of chest) 
"Mary Taylor Novelty Chest of Assorted Sweets * * * Packed by Mary 
Taylor Chocolate Company, Providence, Rhode Island."
VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the product consisted 
in whole or in part of a filthy substance by reason of the presence of larvae, 
insect excreta, and webbing.
Misbranding, Section 403 (a), the label statement, "Chocolates," was false 
and misleading since the article contained nougats as well as chocolates; 
Section 403 (d), the container was so filled as to be misleading since .the 
bottom layer of the cardboard box could have accommodated approximately 
6 more pieces of candy; and, Section 408 (f), the statement of the quantity of 
contents, required by law to appear on the label, was not properly placed 
thereon with such conspicuousness (as compared with other words, statements, 
designs, or devices in the labeling) as to render it likely to be read by the 
ordinary individual under customary conditions of purchase and use, since 
it appeared on the bottom of the chest and also inside the chest on the top 
and side of the cardboard box.
DISPOSITION: February 19, 1945. No claimant having appeared, judgment of 
condemnation was entered and the product was ordered destroyed. The 
wooden chests were salvaged.