10945. Adulteration and misbranding of candy.    U. S. v. 674 Packages, etc.  (and
1 other seizure aetion).    (F. D. C. Nos. 19354, 19596.   Sample Nos. 43733-H, 
43734-H, 49049-H.)
LIBELS FILED : On or about March 15 and April 15, 1946, Southern District of 
California and Eastern District of Louisiana.
ALLEGED SHIPMENT : On or about October 16 and December 5, 1945, by the Mai 
Newberg Co., from New York, N. Y.
PRODUCT: 674 2%-ounce packages and 731 1-ounce packages of candy at Los 
Angeles, Calif., and 191 20-ounce boxes of candy at New Orelans, La. The 
New Orleans lot was insect-infested and moldy, and the Los Angeles lot was mis- 
branded as indicated under Nature of Charge.
NATURE OF CHARGE: New Orleans lot. Adulteration, Section 402 (a) (3), the 
article consisted in whole or in part of a filthy substance.
Los Angeles lot. Misbranding, Section 403 (d), the container was so made, 
formed, and filled as to be misleading since approximately three times as much 
candy could be placed in each package; 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 common or usual name of each ingredient, re- 
quired by law to appear on the label, were not prominently placed on the label 
with such conspicuousness as to render them likely to be read by the ordinary 
individual under customary conditions of purchase and use, since they were 
printed on the bottom of the packages; and, Section 403 (i) (1), the label' 
failed to bear the common or usual name of the food. 
DISPOSITION : May 13 and June 4,1946. No claimant having appeared, judgments 
of condemnation were entered. The New Orleans lot was ordered destroyed, 
and the Los Angeles lot was ordered delivered to a charitable institution.