12241. Misbranding of candy bars.    U. S. v. 05 Cartons    *    *    *.    (F. Di C. No.
22927.   Sample No. 91161-H.)
LIBEL FILED :   April 14,1947, District of New Jersey.
ALLEGED SHIPMENT :   20 cartons on March 11, 1947, by the Atlantic Stores, Inc.,
from Boston, Mass.; and 75 cartons on January 31 and March 13, 1947, by
Paul F. Beich Company, from New York, N. Y.
PRODUCT: 95 cartons, each containing 12 24-bar boxes, of candy bars at Newark, 
N. J.
LABEL IN PART: "Beich * * * Epicure Chocolate and Pecans * * * 1 
Mg. Vitamin Bt (Thiamin Hydrochloride)."
NATURE OF CHARGE: Misbranding, Section 403 (a), the label designation 
"Chocolate and Pecans" was false and misleading as applied to a product 
which did not consist of chocolate and pecans (the article was a chocolate- 
coated marshmallow bar with pecan pieces embedded in the coating); and, 
Section 403 (j), the article purported to be a food for special dietary uses by 
reason of the vitamin Bi content, and the label failed to bear a statement of 
the proportion of the minimum daily requirement of vitamin Bi supplied by 
the article when consumed in a specified quantity during a period of 1 day.
DISPOSITION : June 17, 1947. Paul F. Beich Co., claimant, having admitted the 
allegations of the libel, judgment of condemnation was entered and the product 
was ordered released under bond, conditioned that it be repacked and relabeled 
soas to comply with the law, under the supervision of the Food and Drug 
Administration.