498. Misbranding of assorted chocolates.    TJ. S. v. 84 Dozen Boxes and 40 Dozen
Boxes of Candy.    Default decree of condemnation and destruction.    (F. D.
C. No. 774.   Sample Nos. 68029-D, 68030-D.)
In one lot of this candy the boxes had false bottoms which occupied 18% 
percent of the inside volume of the box. In the other lot the boxes were cello- 
phane-wrapped, the tops and bottoms of the boxes extending beyond the sides;, 
and the lower layer of candy contained fewer pieces than the upper layer. The 
boxes in the latter lot could have held an average of eight additional pieces of 
candy. The statement of the quantity of the contents was placed on the side of 
the boxes in both instances.
On October 19, 1939, the United States attorney for the District of New Jersey 
filed a libel against 124 dozen boxes of assorted chocolates at Bayonne, N. J., 
alleging that the article had been shipped in interstate commerce on or about 
July 19, August 31, and September 13, 1939, by D. Arnould Co. from New York, 
N. Y.; and charging that it was misbranded. It was labeled in part: "Treat 
Package [or "Colonial Fine"] Assorted Chocolates * * * Colonial Candy 
Co., Bayonne, N. J." 
oei
The article was alleged to be misbranded in that its containers were s taade, 
formed, or filled as to be misleading. It was alleged to be misbranded under in 
that the statement of the quantity of the contents required by law to 'appear 
upon the label was not prominently placed thereon with such conspicuousness as 
to render it likely to be read and understood by the ordinary individual under 
customary conditions of purchase and use.
On January 24,1940, a default decree of condemnation, forfeiture, and destruc- 
tion was entered.