9688. Misbranding of candy.    U. S. v. 2,796 Boxes of Candy.   Default decree of
condemnation.     Product  ordered  delivered  to   charitable  institutions.
(F. D. C. No. 16452.   Sample No. 33643-H.)
LIBEL FILED :   June 21,1945, Western District of Oklahoma.
ALLEGED SHIPMENT:   Between the approximate dates of November 21, 1944,
and January 18,1945, by Milo O. Frank, from Los Angeles, Calif. 
PRODUCT:   2,796   5-ounce boxes of candy at Oklahoma City, Okla.   Examination
showed that the boxes contained irregular pieces of candy, which resulted in
an excessive amount of unfilled space in the box.
LABEL IN PART: "Spanish Nut Toffee * * * California Fruit Chimes Co. 
*   *   *   San Gabriel, Calif."
NATURE OE CHARGE: Misbranding, Section 403 (d), the container was so filled 
as to be misleading since there was an excessive amount of unfilled space in 
the box, and thus the box appeared to hold more candy than was actually 
present.
DISPOSITION: August 6, 1945. No claimant having appeared, judgment of 
condemnation was entered and the product was ordered delivered to charitable 
institutions.