17551. Adulteration and misbranding of candy.   U. S. v. 60 Boxes   *    *    *.
(F. D. C. No. 30847.    Sample No. 22905-L.)
LIBEL FILED :   March 20,1951, District of New Jersey.
ALLEGED SHIPMENT:   On or about September 19, 1950, and January 24, 1951,
by the Marlon Confections Corp., from New York, N. Y. 
PRODUCT:   60   14-ounce boxes of candy at Jersey City, N. J. 
LABEL IN PART:    (Box)   "Marlon   Double Dipped Chocolate Cordial Fruits
* *    *   ingredients:   *    *    *    Strawberries, Raspberries."
NATURE OF CHARGE: Adulteration, Section 402 (b) (1), valuable constituents, 
strawberries and raspberries, had been in whole or in part omitted.
Misbranding, Section 403 (a), the vignette depicting chocolate cordials sur- 
rounded by strawberries and raspberries and the label statement "Ingredients:
* *    *    Strawberries, Raspberries" were false and misleading as applied 
to an article which contained no strawberries or raspberries.
DISPOSITION: July 11, 1951. A default decree of condemnation was entered, 
and the court ordered that the product be delivered to a charitable institution 
after destruction of the labels on the product.