5644. Misbranding of candy.    IT. S. v. 15 Cases of Candy.   Default decree of con¬
demnation.    Product ordered delivered to charitable institutions.    (F. D.
C. No. 10716.    Sample Nos. 51315-F to 51317-F, incl.)
This product was packed in packages containing. 5 or 6 paper-wrapped candy 
kisses or chocolate-coated candy, and a prize of various kinds. The candy and 
prize occupied on an average less than half of the available space in the 
package.
On or about September 15, 1943, the United States attorney for the District of 
Connecticut filed a libel against 15 cases, each containing 110 packages, of candy 
at New London, Conn., alleging that the article had been shipped on or about 
August 12,13, and 16, 1943, in interstate commerce, by Delight Sweets, Inc., from 
New York, N. Y.; and charging that it was misbranded in that its container was 
so filled as to be misleading since the candy and prize occupied less than 50 percent 
of the available space. The article was labeled in part: (Packages) "Fashion 
Sweets Assorted Chews * * * Candy Contents Below This Line Novelty 
Package," or "Nobby Chocolate Crushed Cherry Creams Candy Contents Above 
This Line." 
*
On November 2, 1943, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered distributed to charitable institutions.