8160. Adulteration and misbranding of candy.   IT. S. v. 37 Cases and 20 Cases of
Candy.   Default decree of condemnation.   Product ordered delivered to a 
public institution.    (F. D. C. No. 15927.    Sample Nos. 27443-H, 27444-H.)
LIBEL FILED :   April 24, 1945, District of Oregon. .
ALLEGED SHIPMENT : On or about March 7 and 12,1945, by the California Fruit 
Chimes Co., from San Gabriel, Calif.
PRODUCT: 37 cases, each containing 48 5-ounce packages, and 20 cases, each 
containing 24 1-pound packages, of candy at Medford, Oreg. Examination 
showed that the packages contained irregular pieces of candy, leaving an exces- 
sive amount of unfilled space in the packages.
LABEL, IN PART : "Spanish Nut Toffee * * * Made with Sugar, Puffed Rice, 
Peanuts."
VIOLATIONS CHARGED: Adulteration, Section 402 (b) (2), a mixture containing 
peanuts and puffed rice had been substituted for Spanish nut toffee, which the 
article was represented to be.
Misbranding, Section 403 (d), the container was so filled as to be mislead- 
ing since there was an excessive amount of unfilled space in the package, and 
thus the package appeared to hold more candy than was actually present.
DISPOSITION: June 23, 1945. No claimant having appeared, judgment of con- 
demnation was entered and the product was ordered delivered to a public 
institution.