8490. Misbranding of gift packages of food.    U. S. v. 69 Gift Packages.   Default
decree   of   condemnation.    Product   ordered  delivered  to   a  charitable 
institution.    (F. D. C. No. 14807.   Sample No. 84262-F.)
LIBEL FILED :   December 19, 1944, Northern District of California.
ALLEGED SHIPMENT: On or about November 17, 1944, by Gertrude's Studios, 
Chicago, Ill.
PRODUCT: 69 1-pound gift packages of food at San Francisco, Calif. These 
packages contained a tray containing cake and candy. The candy was packed 
in inadequately filled, fluted cups. About one-half of the space in the tray 
was occupied by the cake and candy.   Beneath the tray was an empty space
which comprised approximately 40 percent of the total capacity of the pack- 
age. The packages held about 30 percent of the amount of food that a com- 
pletely filled box of the same dimensions would hold.
LABEL IN PART :    "Servicemen's Candy Package."
VIOLATION CHARGED:   Misbranding, Section 403 (d), the container was so filled* 
as to be misleading since the upper tray was not filled to capacity, and there 
was unfilled space beneath the tray.
DISPOSITION: April 12, 1945. No claimant having appeared, judgment of con- 
demnation was entered and the product was ordered delivered to a charitable 
institution.