20709. Misbranding of candy. V. S. v. 33 Cases and 10 Cases of Candy. 
Decree of condemnation and forfeiture. Product released under 
cash bond.    (F. & D. no. 29690.    Sample nos.  16369-A, 16370-A.)
This action involved interstate shipments of candy, sample packages of 
which were found to contain less than 1 pound, the weight declared on the 
label.
On December 29. 1932, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 43 cases of candy, remaining in the original 
unbroken packages at Boston, Mass., alleging that the article had been 
shipped in interstate commerce in part on or about November 6, 1932, and in 
part on or about December 6, 1932, by the McGregor Toffee Co., from Brooklyn, 
N. Y., to Boston, Mass., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: " McGregor R. & B. 
Toffee [or "McGregor Assorted Toffee] Manufactured by McGregor Toffee 
Company, Brooklyn, N. Y.   Net Weight 1 lb."
It was alleged in the libel that the article was misbranded in that the 
statement on the label, " Net Weight 1 lb.", was false and misleading and de- 
ceived and misled the purchaser. Misbranding was alleged for the further 
reason that the article was in package form and the quantity of the contents 
was not plainly and conspicuously marked on the outside of the package, 
since the statement made was not correct.
On January 31, 1933, C. S. Allen, trading as the McGregor Toffee Co., Brook- 
lyn, N. Y., having appeared as claimant for the property and having admitted 
the allegations of the libel, judgment of condemnation and forfeiture was en- 
tered, and it was ordered by the court that the product be released to the 
said claimant upon payment of costs and the deposit of collateral in the sum of
$150, to insure compliance with the terms of the decree. It was further ordered 
that claimant, under the supervision of this Department, remove the candy 
from the original packages and destroy the packages.
R. G. TUGWELL, Acting Secretary of Agriculture.