497. Misbranding of candy.    TT. S. v. 6 Boxes, 56 Boxes, and 9 Boxes of Candy.
Consent decree of condemnation. Product ordered delivered to a Govern- 
ment hospital. (F. D. C. Nos. 854, 855, 856. Sample Nos. 70683-D, 70684-D, 
70685-D.)
One lot of candy labeled "Sweet's Salt Lake Cordial Cherries" was contained 
in cardboard boxes with extension edges and with a false bottom %6 inch
high, the total height of the box being 1% inches. The candy was in one layer. 
The statement of the quantity of contents was inconspicuously placed on a 
side panel. The second lot labeled "Sweet's Salt Lake DeLuxe Chocolates" 
was contained in cardboard boxes with extension edges. Each box contained 
2 layers. The top layer had 15 pieces of candy. The bottom layer was divided 
by 2 cardboard strips which permitted packing but 10 pieces. A third" lot 
labeled "Sweet's Salt Lake Cherry Cocktails" was also contained in cardboard 
boxes. The candy was in a single layer. Two pieces of cardboard in the 
bottom of the box totaled approximately % inch in height, the total height 
of the box being the inches. The quantity of contents statement was incon- 
spicuous and was incorrect.
On November 29, 1939, the United States attorney for. the District of 
Wyoming filed a libel praying seizure and condemnation of
'
.7l boxes of candy 
at Cheyenne, Wyo., alleging that the article had been shipped in interstate 
commerce on or about September 28, October 6 and 27, 1939, by Sweet Candy 
Co., from Salt Lake City, Utah; and charging that it was misbranded.
All lots were alleged to be misbranded in that the containers were so made, 
formed, or filled as to be misleading. Two lots were alleged to be misbranded 
further in that the statement of the quantity of contents required by the 
statute to appear on the label was not prominently placed thereon with such 
conspicuousness as to render it likely to be read by an ordinary individual 
under customary conditions of purchase and use. One lot was alleged to be 
misbranded further in that the statement "Net Weight 10 Ounces" was false 
and misleading since it was not correct, the average net weight of the con- 
tents of the boxes being 9.64 ounces.
On December 21, 1939, Sweet Candy Co., claimant, having admitted the 
allegations of the libel, judgment of condemnation was entered, the decree 
containing a provision that the product might be taken down under bond for 
repacking or other lawful disposition. On February 2, 1940, the claimant 
having failed to comply With the conditions of the decree, the product was 
ordered delivered to a Government hospital.