942. Adulteration   and misbranding of   candy.     U.   S.   v.   62   Boxes   of   Candy.
Decree of condemnation and destruction.    (F. D. C. No. 2036.    Sample No. 
15105-E.)
Samples of this product were found to contain rodent hairs and rodent 
excreta.    It was also short of the declared weight.
On May 31, 1940, the United States attorney for the Western District of 
Tennessee filed a libel against 62 boxes of candy at Memphis, Tenn., alleging 
that the article had been shipped in interstate commerce on or about May 14, 
1940, by the Mills Napper Candy Co. from Maiden, Mo.; and charging that it 
was adulterated and misbranded. • This shipment consisted of goods returned 
to the Thomas Bros. Candy Co., Memphis, Tenn. The article was labeled 
in part: "5 Cent Tricks * * * Thomas Bros. Candy Co., Memphis, Tenn. 
Net Weight 3% ozs. or Over."
The article was alleged to be adulterated in that it consisted wholly or in 
part of a filthy substance; and in that it had been prepared under insanitary 
conditions whereby it might have become contaminated with filth.
It was alleged to be misbranded in that the statement "Net Weight 3% ozs." 
was false and misleading since the statement was incorrect; and in that it was 
in package form and did not bear an accurate statement of the quantity of 
the contents.
On June 25, 1940, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.