22133. Adulteration   and misbranding of  candy.     U.   S.   v.   19   Boxes   and
19 Boxes   of   Candy.   Default  decree   of  condemnation,  forfeiture, 
and destruction.     (F. & D. n6. 31874.    Sample nos. 65944-A, 65945-A.)
This case involved a shipment of candy which contained alcohol and which 
was also short weight.
On January 24, 3934, the United States attorney for the Eastern District of 
' Wisconsin, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 38 boxes of candy 
at Milwaukee, Wis., alleging that the article had been shipped in interstate 
commerce, on or about December 21, 1933, by Beer Distributors, Inc., from 
Chicago, Ill., and charging adulteration and misbranding in violation of the 
•Food and Drugs Act as amended. The article was labeled in part: " Bourbon 
[or "Assorted Flavors Creme De Menthe Peach Kummel"] One Pound Net."
It was alleged in the libel that the article was adulterated under the provi- 
sions of the law relating to confectionery, in that it contained spirituous 
liquor.
Misbranding was alleged under the provisions of the law relating to food 
in that the statement on the labels, "One Pound Net", was false and misleading, 
and deceived and misled the purchaser, and in that it was food 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 incorrect.
On March 13, 1934, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court that 
the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.