13573. Misbranding of candy.    U. S. v. 216 Cartons     *    *     *.     (F. D. C. No. 18703. 
Sample No. 11678-H.)
LIBEL FILED: December 28. 1945, District of Massachusetts: transferred to 
Southern District of New York.
ALLEGED SHIPMENT: On or about October 11, 1945, by John Milazzo, from New 
York. N. Y.
PRODUCT: 216 cartons, each containing 18 10-ounce boxes, of candy at Boston, 
Mass.
LABEL IN PART : "Torrone Benevento Nougat Candy Manufactured by Casale & 
Affruiti Co.,   Brooklyn 1, N. Y."
NATURE OF CHARGE: Misbranding, Section 403 (d), the container was so filled 
as to be misleading, since the candy occupied on an average only 56 percent of 
the box. (There were 18 small boxes in each carton, and each small box con- 
tained a piece of nougat candy wrapped in wax paper.)
DISPOSITION : On March 14, 1946, the case was transferred to the Southern Dis- 
trict of New York on motion of the claimant, Casale & Affruiti Co. On August 
18, 1948, the claimant withdrew its claim and answer, and a decree of con- 
demnation and destruction was entered.