21556. Adulteration and misbranding of candy.   U. S. v. 43 Cases, etc.    (F. D. C
No. 36398.    Sample No. 52242-L.) 
LIBEL FILED :    On or about March 1, 1954, Southern District of New York. 
ALLEGED SHIPMENT :    On or about January 6 and 19, 1954, by Wilbur-Suchard
Chocolate Co., Inc., from Lititz, Pa. 
PRODUCT:    Candy.   43 eaj3es, each containing 100 candy bars, and 37 cases, each
case containing 18 display cartons and each display carton containing 24 candy
bars, at New York, N. Y.
Cocoa Butter, Purified Edible Cellulose, Chocolate Liquor, Crisped Rice, 
Whole Milk, Lecithin (Vegetable Emulsifier), Vanillin * * * It's Less Fat- 
tening Because It's Low In Calories."
NATURE OF CHARGE : Adulteration, Section 402 (d), the article was confectionery 
and contained a nonnutritive substance, cellulose.
Misbranding, Section 403 (a), the label statements "Less Fattening * * * 
Sweet 'n Low * * * Lower in Calories * * * It's Less Fattening Because 
It's Low In Calories" were false and misleading as applied to a chocolate 
candy bar which did not have materially less calories than other chocolate 
candy bars on the market; Section 403 (j), the article purported to be and 
was represented as a food for special dietary uses by reason of its use as a 
means of regulating the intake of calories for the purpose of controlling body 
weight, and its label failed to bear, as required by the regulations, a statement 
of the number of available calories supplied by a specified quantity of the 
article; and, Section 403 (k), the article contained artificial coloring and 
failed to bear labeling stating that fact.
DISPOSITION: May 11, 1954. Default decree of condemnation. The court 
ordered that the product be delivered to a charitable institution.
CEREALS AND CEREAL PRODUCTS 
CORNMEAL