5832. Adulteration and misbranding of candy bars.    17. S. v. 8 Cases of Candy
Bars. Default decree of condemnation. Product ordered delivered to 
a Government agency for its use and not for sale. (F. D. C. No. 11703. 
Sample No. 930-F.)
LIBEL FILED :    January 29, 1944, Northern District of Illinois. 
ALLEGED SHIPMENT :    On or about December 24, 1943, by the Melster Candy Co., 
Cambridge, Wis.
PRODUCT:   8 cases, each containing 100 candy bars, at Chicago, Ill.
LABEL IN PART:   "Melster's Nut Lunch."
VIOLATIONS CHARGED: Adulteration, Section 402 (b) (1), a valuable constituent, 
peanuts, had been in whole or in part omitted from the article; Section 402 
(b) (2), puffed wheat had been substituted in whole or in part for peanuts; 
Section 402 (b) (3), inferiority had been concealed by the use of puffed wheat: 
and, Section 402 (b) (4), puffed wheat had been "added to the article or mixed 
or packed with it so as to increase its bulk, or make it appear better or of greater 
value than it was.
Misbranding, Section 403 (a), the name of the article, "Nut Lunch," was 
misleading as applied to a product containing 8 times as much puffed wheat 
as peanuts; Section 403 (i) (2), it was fabricated from two or more ingredients 
and its label failed to bear the common or usual name of each such ingredient 
since "cereal" is not the common or usual name for puffed wheat; and, Section 
403 (k), it contained artificial flavoring and failed to bear labeling stating 
that fact.
DISPOSITION : March 9, 1944. No claimant having appeared, judgment of con- 
demnation was entered and the product was ordered delivered to a Government 
agency for its use, and not for sale.