22267. Adulteration and mlsbrandlngr of llauor-fllled candies. U. S. v. 
33 Boxes and 33 Boxes of Confections. Default decree of con- 
demnation, forfeiture, and destruction. (F. & D. no. 31952. Sample 
nos. 46130-A, 46131-A.)
This case involved an interstate shipment of two lots of confectionery that 
contained alcohol. In one lot the net weight was not declared on the package, 
and in the other the contents of the package were found to weigh less than 
the amount declared.
On February 9, 1934, the United States attorney for the Northern District 
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 66 boxes of con- 
fections at Chicago, Ill., alleging that the article had been shipped in interstate 
commerce on or about December 18, 1933, by W. Horwitz, from Bronx, N.Y., 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: (Containers) "Mile. 
Modiste Confiseur Rue St. Honore Paris " or " Madamoiselle Modiste Confiseur 
Rue St. Honore", the individual pieces being labeled, " Mile Modiste Benedic- 
tine [or "Apricot" or "Cognac" or "Rhum"] Confiseur Paris." One of the 
lots was further labeled, " Poids Net 500 Grammes Paris Londres."
It was alleged in the libel that the article was adulterated under the pro- 
visions 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 article was food in package form and the quantity of the contents 
was not plainly and conspicuously marked on the outside of the package, 
since one lot failed to bear a statement of the quantity of contents, and the 
statement made on the packages in the other lot was not correct. Misbrand- 
ing was alleged with respect to one lot for the further reason that the state- 
ment on the label, "Poids Net 500 Grammes", was false and misleading and 
deceived and misled the purchaser.
On March 8, 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.