688. Misbranding of candy.     TJ.  S. v. 20  Cartons   of Candy.    Default decree of
condemnation.      Product   ordered   delivered   to   charitable   institutions.
(F. D. C. No. 1726.    Sample No. 1617-E.)
The containers of this product were cellophane-wrapped boxes whose tops and 
bottoms extended about winch beyond the sides. Each one contained two 
layers of candy, but had a false bottom deep enough to hold a third layer. 
Furthermore, the statement of the quantity of contents was inconspicuously 
placed on one end of the boxes.
On March 29, 1940, the United States attorney for the District of Columbia 
filed a libel against 20 cartons, each containing 24 boxes, of candy at Washington, 
D. C, alleging that the article had been shipped in interstate commerce on or 
about December 17, 1939, by the Cherry Specialty Co. from Philadelphia, Pa.; 
and charging that it was misbranded. The article was labeled in part: "Sweet- 
Tooth Chocolates Miniatures Assorted."
It was alleged to be misbranded in that its container was so made, formed, 
or filled as to be misleading. It was alleged to be misbranded further in that 
the statement of quantity of contents, which the law requires be placed on the 
label, was not prominently placed thereon with such conspicuousness as to 
render it likely to be read by ordinary individuals under customary conditions of 
purchase and use.
On April 17, 1940, no claimant having appeared, judgment of condemnation 
and forfeiture was entered, and the product was ordered delivered to charitable 
institutions for their own use but not for sale.