1888. Misbranding of   candy.     TJ.  S. v.  28 Cases of Candy.    Default decree of
condemnation and destruction.    (F. D. C. No. 3528.    Sample No. 52522-E.)
This product was deceptively packaged in that the bottom layer of candy 
contained only about 40 pieces, while the upper layer contained an average of 
53 pieces; paper cushions were placed between the two layers and in the top 
of the boxes. Furthermore, the name and address of the manufacturer and 
the weight statement were inconspicuous.
On December 17, 1940, the United States attorney for the District of Idaho 
filed a libel against 28 cases of candy at Wallace, Idaho, alleging that the article 
had been shipped in interstate commerce on or about October 30, 1940, by the 
Zion Candy Co. from Zion, Ill.; and charging that it was misbranded. The 
article was labeled in part: "Zion Happy Home Assorted Chocolates * * * 
2y2 Pounds Net."
The article was alleged to be misbranded in that its container was so made, 
formed, or filled as to be misleading; and in that the name and place of busi- 
ness of the manufacturer, packer, or distributor, and the statement of the 
quantity of the contents required by law to appear on the label, were not 
prominently placed thereon with such conspicuousness (as compared with other 
words, statements, designs, or devices in the labeling) as to render them likely 
to be read by the ordinary individual under customary conditions of purchase 
and use.
On February 6, 1941, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.