5444. Misbranding of candy.    V. S. v. 6 Gases, 5 Gases, and 32 Cartons of Candy. 
' Consent decree of condemnation.    Produet ordered released under bond
for repacking-.    (F. Dr C. No., 10346.   .Sample Nos. 12278-F^, 12279-F, 43102-F.)
This candy was contained in cedar chests or boxes,, each, chest or box con
taint a cellophane-wrapped tray of candy-which was elevated by means of a
false bottom.   When opened, the chests, and boxes appeared to be, full of candy,
The trays, however, occupied; only approximately31 percent ofI the capacitydf
the container.   The labels failed to bear the name and place of business of the
manufacturer, packer, or distributor. 
. On August 7, 1943, the United States attorney for the District of Oregon .filed
as libel against 6 cases, each containing 12 cedar chests, 5 cases, each containing
12 mirror boxes, and 32. cartons, each containing 12 cedar chests, M candy at
\ Portland, Oreg., alleging that the article had been shipped in interstate commerce
}¦¦ on or about June 28,1943, by the Sylvan Company from Chicago, ill.; and charge
Sing that it was misbranded.   Each.chest or box contained a cellophane-wrapped
tray of candy with a sticker label reading: "De Luxe Assortment," : ,,
The article was alleged to be misbranded in that its containers were so filled
as to be misleading since the candy occupied only approximajtely 31 percent.of
- the capacity of the boxes, and in that it was food in package form and failed to
bear a label containing the name and place of business of the manufacturer,
packer, or distributor. 
; r
On August 23* 1943, L. J. Korter, Portland, Oreg., claimant, having consented to 
the entry of a decree, judgment of condemnation, was entered ,and- it, was 
ordered that the product be released under bond, conditioned that it be relabeled 
and repacked under the supervision of the Food and Drug Administration.