5135. Misbranding of candy.   17. S. v. 197 Packages of Candy.   Default decree of
condemnation.     Product   ordered   delivered  to  welfare   organizations.
(F. D. C. No. 9853.   Sample Nos. 41645-F, 48061-F.)
This product was short of the declared weight and the packages contained 
excessive paper packing medium.
On April 23, 1943, the United States attorney for the Southern District of 
Ohio filed a libel against 197 packages of candy at Cincinnati Ohio, which had 
been consigned on or about March 26, 1943, alleging that the article had been 
shipped in interstate commerce by Miss Morris Candies, Inc., from Minneapolis, 
Minn.; and charging that it was misbranded. The article was labeled in part: 
"Miss Morris Chocolates   Easter Greetings   Net Weight 1 Lb."
The article was alleged to be misbranded (1) in that the statement "Net Weight 
1 Lb." was false and misleading as applied to an article that was short-weight; 
(2) in that its container was so filled as to be misleading since the candy occupied
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less than half the volume of the package; and (3) in that it was in package 
form and failed to bear a label containing an accurate statement of the quantity 
of the contents.
On June 3, 1943, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered to various welfare organiza- 
tions.