21063. Misbranding of candy.   U. S. v. 10 Cases * * *.    (F. D. C. No. 36131.
Sample No. 84596-L.)
LIBEL FILED :   November 20,1953, District of New Jersey.
ALLEGED SHIPMENT: On or about October 12, 1953, by Luden's, Inc., from 
Beading, Pa.
PRODUCT: 10 cases, each containing 12 boxes, of candy at Camden, N. J. Exami- 
nation showed that each box contained 2 1-pound boxes of chocolates and 
1 %-pound box of chocolate-covered cherries. A cardboard filler under the 
%-pound box gave it the appearance of being the same depth as the 1-pound 
boxes. The 1-pound boxes had a full top layer, made visible by a cellophane 
cover. The bottom layer of each contained 10 less pieces than the top layer 
of 23 pieces loosely distributed, with cardboard foundations to support the top 
layer uniformly. The %-pound box also had two false ends in the box. With 
these removed, three more units easily could be packed in the box. Removed 
from the individual boxes and packed in the conventional manner in the large 
box, without crowding, the entire contents filled the lower layer and slightly 
more than ys of the top layer. Calculated on a weight basis, the box, with 
conventional packing, easily would hold 3.6 pounds.
LABEL IN PART: (BOX) "Holiday Favorites Chocolate Assortment * * * 
2^ Lbs. Net Wt."
NATURE OF CHARGE: Misbranding, Section 403 (d), the containers of the article 
were so filled as to be misleading since the %-pound boxes contained a filler 
which gave them the appearance of being the same depth as the 1-pound boxes, 
and also had 2 false ends, and since the 1-pound box had a top layer of 23 
pieces loosely distributed, made visible through a cellophane cover, while the 
bottom layer contained 10 less pieces than the top layer and contained card- 
board foundations to support the top layer uniformly.
DISPOSITION : December 18,1953. Default decree of condemnation. The court 
ordered that the product be delivered to a charitable organization.