8347. Misbranding of candy.    U. S. v. 143 Boxes of Candy.    Default decree of
condemnation and destruction.    (1\ D. C. No. 14962.    Sample No. 73280-F.)
LIBEL FILED: January 5, 1945; amended March 27, 1945, Northern District of 
California.
ALLEGED SHIPMENT : On or about October 18,1944, by the McPhail' Chocolates Co., 
from Atlanta, Ga.
PRODUCT: 143 boxes of candy at San Francisco, Calif. These boxes had diagonal 
dividers which hindered filling them to capacity. They also contained less than 
the declared weight.
LABEL IN PART :    "Russell Mobil   Chocolate Pecan Delights   Half Pound Net."
VIOLATIONS CHARGED: Misbranding, Section 403 (d), the container was so filled 
as to be misleading, since the candy did not occupy the full capacity of the 
box; and, Section 403 (e) (2), it failed to bear a label containing an accurate 
statement of the quantity of the contents.
DISPOSITION: May 4, 1945. No claimant having appeared, judgment of con- 
demnation was entered and the product was ordered destroyed.