28965. Misbranding of candy.    U. S. v. 234 Boxes of Candy.    Default decree of
condemnation and destruction.    (F. & D. No. 41815.    Sample No. 14069-D.)
This product was short weight.
On February 23, 1938, the United States attorney for the District of Maine, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 234 boxes of candy at Portland,
Maine, alleging that the article had been shipped in interstate commerce on or 
about February 10, 1938, from Boston, Mass., by Gloria Chocolate Co., and 
charging misbranding in violation of the Food and Drugs Act. The article 
was labeled in part: "Chimes Chocolates * * * One Pound Net * * * 
Gloria Chocolate Co., Boston, Mass."
It was alleged to be misbranded in that the statement "One Pound Net" was 
false and misleading and tended to deceive and mislead the purchaser when 
applied to an article that was short weight; 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 quantity stated was not correct.
On March 5, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.