22284. Adulteration and misbranding of confectionery. IT. S. v. 204 Boxes 
of Confectionery. Default decree of condemnation, forfeiture, 
and destruction. (F. & D. no. 32033. Sample nos. 65334-A to 65339-A, 
incl.)
This case involved a shipment of confectionery which contained alcohol. 
The article was labeled " Not a Confection ", in attempted disclaimer of respon- 
sibility for shipping confectionery containing spirituous liquor.
On February 27, 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 204 boxes of con- 
fectionery at Forest Park, Ill., alleging that the article had been shipped in 
interstate commerce, on or about February 12, 1934, by M. Pilsen, from 
Cleveland, Ohio, and charging adulteration and misbranding in violation of 
the Food and Drugs Act. The article was labeled in part: " Bourbon Cordials 
(not a confection)    *    *   *   A drink in a Chocolate Cup."
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 statement on the label, "Cordials (not a confection)", was false 
and misleading and tending to deceive and mislead the purchaser.
On April 6, 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.