8491. Misbranding of gift packages of food.    TJ. S. v. 234 Cartons of Gift Pack¬
ages.    Decree of condemnation.    Product ordered released under bond.
(F. D. C. No. 14494.   Sample No. 73295-F.)
LIBEL FILED :   November 20,1944, Northern District of California.
ALLEGED SHIPMENT : On or about August 29,1944, by Golden Brand Nut Products, 
Inc., from New York, N. Y.
PRODUCT:   234   3-pound gift packages of food at Oakland, Calif.
The packages contained 14 fluted paper cups of cookies, candies, pear paste, a 
jar of honey, and a jar of cherries arranged around the rim of the package. A 
rectangular tray, 1 inch deep, covered with yellow cellophane and containing 
candied fruits and fruit paste, occupied the center of the package. The tray 
was not filled to capacity, which fact was not readily apparent to the purchaser 
because of the yellow cellophane cover. Space beneath the tray, % inch deep, 
was unfilled except for two pieces of pear paste supporting the tray.
LABEL IN PART :    "Victory Snack Pack."
VIOLATION CHARGED : Misbranding, Section 403 (d), the container was so filled as 
to be misleading since the cellophane-covered tray was not filled to capacity, and 
there was unfilled space beneath the tray.
DISPOSITION: January 2&, 1945. Montgomery Ward and Co., Inc., having ap- 
peared as claimant, judgment of condemnation was entered and the product was 
ordered released under bond to be brought into compliance with the law, under 
the supervision of the Food and Drug Administration.