11557. Misbranding of candy.    U. S. v. 61 Cases, etc.    (F. D. C. No. 20909.    Sample
No. 61437-H.)
LIBEL FILED :    September 24, 1946, Western District of Washington.   •
ALLEGED SHIPMENT : On or about April 10,1946, by New Orleans Confections, Inc., 
from Chicago, Ill.
PRODUCT: Candy. 61 cases, each containing 36 1-pound boxes, and 22 1-pound 
boxes at Seattle, Wash.
LABEL IN PART :    "New Orleans Confections."
NATURE OF CHARGE: Misbranding, Section 403 (a), the label statement "New 
Orleans Confections" was misleading since the product was manufactured in 
Chicago, Ill.; Section 403 (d), the container was so filled as to be misleading 
since the package could hold much more candy than was actually present 
(much of the space in the box was taken up by false liners); and, Section 
403 (f), the name and place of business of the manufacturer, packer, or dis- 
tributor, the statement of the quantity of the contents, and the common or 
usual name of each ingredient were not prominently placed on the label 
with the conspicuousness required by law, since the information appeared on 
a small side panel, which was not easily seen as the product was held for sale.
DISPOSITION: September 15, 1947. New Orleans Confections, Inc., claimant, 
having consented to the entry of a decree, judgment of condemnation was 
entered and the product was ordered released under bond for repacking and 
relabeling under the supervision of the Food and Drug Administration.