,5590. Misbranding of gift packages.    TT. S. v. U. S. Candy & Food Corporation. 
J Plea of guilty.    Fine of $750 to cover counts 1, 2, and 6 of the informa¬
tion; imposition of sentence suspended on remaining counts 3, 4 and 5.
(F. D. C, No. 8833.   Sample Nos. 31756-F, 31858-F, 31909-F, 31910-F, 41601-F, 
41603-F, 41606-F.)
These products Were short of the declared weight.
On May 13, 1943, the United States attorney for the Southern District of New 
York filed an information against the U. S. Candy & Food Corporation, New 
York, N. Y., alleging shipments within the period from on or about October 24, to 
November 17, 1942, from the State of New York into the State of Ohio of quan- 
tities of gift packages which were misbranded; The article was labeled in part: 
"Victory Snack-Pack A Treat From Home * * * Net Weight 3% Lbs. 
[or "Net Weight 2 Lbs."]."
The article was alleged to be misbranded in that the statements "3% Lbs.," 
and "Net Weight 2 Lbs.," borne on the label, were false and misleading since the 
boxes labeled "Net Weight 3% Lbs." contained substantially less than 3% pounds, 
and the boxes labeled "Net Weight 2 Lbs." contained substantially less than 2 
pounds net weight. The article was alleged to be misbranded further in that 
it was in package form and its label failed to bear an accurate statement of the 
quantity of the contents in terms of weight, measure, or numerical count, and 
the variation between the statement of quantity borne on the label and the quan- 
tity actually contained in the box was unreasonable. One shipment was alleged 
to be misbranded further in that its container was so made, formed, and filled as 
to be misleading since underneath one of the items, a box of Crunch-ettes, was 
a large empty space in which food could have been packed, and the contents of 
the package had been packed with excessive packing medium, excessive paper 
cups and cardboard dividers, and by reason of the empty space and excessive 
packing medium the package contained a substantially smaller quantity of food 
than its outward appearance would indicate was contained therein.
On November 23, 1943, a plea of guilty having been entered on behalf of the
defendant, the court imposed a fine of $750 which covered counts 1, 2, and 6 of
the information and suspended imposition of sentence on the remaining 3 counts.