12032. Misbranding of   Chocolate   Candy   Cup.    TJ.   S.   v.   60   Boxes    *    *    *.
(F. D. C. No. 22275.    Sample No. 3979-H.)
LIBEL FILED :   On or about February 14, 1947, District of New Jersey. 
ALLEGED SHIPMENT:    On or about January 14, 1947, by the Chex Co., from 
Philadelphia, Pa.
confection, consisting essentially of sirup-coated popcorn with a small amount
" of sweet chocolate coating on top. It had no distinctive flavor of honey, and 
it was-short-weight.
LABEL, IN PART : "Snow Drift Chocolate Candy Cup net wt. % oz. Chocolate, 
Honey & Popcorn."
NATURE OF CHARGE: Misbranding, Section 403 (a), the label designation "Choco- 
late Candy Cup" was false and misleading as applied to sirup-coated popcorn 
with a small amount of sweet chocolate on top only; and the label statement 
"Chocolate, Honey & Popcorn" was misleading by reason of the order in 
which the ingredients were listed, since chocolate and honey were present only 
in small amounts. Further misbranding, Section 403 (e) (2), the label of 
the article failed to contain an accurate statement of the quantity of the 
contents.
DISPOSITION': March 14, 1947. No claimant having appeared, judgment of con- 
demnation was entered and the product was ordered delivered to a charitable 
institution.