2539. Misbranding of chocolate-covered cherries.    U. S. v. 18 Cartons of Candy.
Default decree of condemnation. Product ordered distributed to chari- 
table institutions. . (F. D. C. No. 3696.    Sample No. 51001-.E.)
Examination showed that the boxes of candy contained two layers of chocolate- 
covered cherries in paper cups, the pieces separated by cardboard dividers which 
extended % inch beyond the candy on both sides of the boxes. The spaces for 
the individual pieces of candy were larger than necessary.
On January 23, 1941, the United States attorney for the District of Rhode 
Island filed a libel against 18 cartons of candy at Providence, R. I., alleging that 
the article had been shipped in interstate commerce on or about November 12, 
1940, by G. Cella, Inc., from New York, N. Y.; and charging that it was 
misbranded. The product was labeled in part: "Cella's Cherries Incased in 
Chocolate   *    *    *   One Pound Net Weight."
The article was alleged to be misbranded in that its container was so made, 
formed, or filled as to be misleading.
On June 13, 1941, no claimant having appeared, judgment of condemnation 
and forfeiture was entered and the product was ordered distributed to charitable 
institutions.
SUGAR