29131. Deran thin mints.    (F.D.C. No. 43281.    S. No. 44-802 P.) 
QUANTITY:   172 ctns., each containing 24   10-oz. boxes, at Atlanta, Ga. 
SHIPPED :   Between 3-5-59 and 4-13-59, from Cambridge, Mass., by Deran Con- 
fectionery Co., Inc.
LABEL IN PART: (Box) "Deran's Thin Mints * * * Chocolate Covered Deran 
Confectionery Co., Inc., Cambridge, Mass."
RESULTS OF INVESTIGATION : Examination showed that each box contained 28 
round, chocolate-covered mints which were packed in a two-piece, rectangular 
cardboard box, the lower part of which was lined with corrugated paper and 
was separated into three equal parts by means of built-in, hollow, cardboard 
dividers, with a similar hollow construction at each end.
LIBELED :    6-25-59, N. Dist. Ga.; amended libel 9-18-59.
CHARGE: 403(d), when shipped, the container of the article was so filled as 
to be misleading, since the use of hollow dividers between each section of 
candy and a hollow divider at each end of the container utilized available 
space in the container so that the candy occupied only about 65 percent of the 
volume of a container of this size; such excess packaging material was un- 
necessary in the packaging of this article, and additional pieces of candy could 
be packed in the containers with no physical packaging difficulty.
DISPOSITION : On 7-22-59, Deran Confectionery Co., Inc., filed an answer deny- 
ing that the article was misbranded and that the use of dividers was unnec- 
sary in the packaging of the article; claimant also moved that the libel be 
dismissed.
On 9-18-59, the Government filed a motion to amend the libel and served 
written interrogatories on the defendants. On 12-10-59, the claimant's motion 
to dismiss was overruled and denied. On 12-14-59, an order for the release 
of samples to the Government and claimant was filed. On 8-12-62, claimant 
answered the interrogatories served by the Government. On 1-17-63, the 
court, with the consent of the Government and the claimant, entered an order 
which dismissed the action upon motion of the Government without prejudice 
to the Government's right to have the action reinstated after a final decision 
in a case entitled: "United States of America v. 174 cases . . . of an article 
la'beled in part: Delson Thin Mints Chocolate Covered," and which directed 
the marshal to retain the custody of the article until otherwise directed by the 
United States attorney. On 1-17-63, the libel having been dismissed and the 
claimant having failed to post bond or pay any costs, the court ordered that
the marshal should cause the article to be destroyed after 10 days' notice of 
the order to the claimant; and providing that the claimant should be entitled 
to the article upon payment of all costs or by posting a cost bond within 10 
days.   Thereafter, the article was destroyed.