30478. Adulteration of  candy.       U.  S. v.  72 Boxes and 39  Cartons  of Candy.
Default decree of condemnation and destruction.     (F. & D. Nos.  44015, 
44016.    Sample Nos. 49765-D, 49766-D.)
This product, which had been shipped in interstate commerce and remained 
unsold and in the original packages at the time of examination, was found 
to be insect-infested.
On October 28, 1938, the United States attorney for the Northern District of 
Mississippi, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 72 boxes and 39 
cartons of candy at Greenwood, Miss.; alleging that the article had been 
shipped in part on or about March 15 and in part on or about June 7, 1938, 
by Curtiss Candy Co. from Chicago, Ill.; and charging adulteration in violation 
of the Food and Drugs Act. The article was labeled in part: "Baby Ruth" or "12 
Baby Ruth Fruit Drops with 100 Curtiss Butterfinger."
The article was alleged to be adulterated in that it consisted wholly or in 
part of a filthy* vegetable substance.
On January 26, 1939, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.