28733. Candy.    (F.D.C. No. 48102.    S. Nos. 72-245 T, 72-247 T.)
QUANTITY : 5 bulk boxes and 26 cases, each containing 12 No. pkgs. of Milk 
Chocolate Stars, and 5 bulk cases and 25 cases, each containing 12 10-oz. pkgs. 
of Chocolate Nonpareils, at Dayton, Ohio, in possession of Dixie Candy & 
Fountain Supply.
SHIPPED :    Between 2-1-62 and 7-9-62, from Chicago, Ill., and Brooklyn, N.Y.
LABEL IN PART: (Pkg.) "Dixie * * * Distributed by Dixie Candy Dayton, 
Ohio Ingredients All or part of sugar, peanuts, corn syrup, coconut oil, 
gelatin, salt, baking soda, natural and artificial flavoring or coloring," and 
"Dixie Nonpareils * * * Ingredients All or part of sugar, peanuts, corn 
syrup, coconut oil, gelatin, salt, baking soda, natural and artificial flavoring 
or coloring   Distributed By Dixie Candy   Dayton, Ohio."
RESULTS OF INVESTIGATION : The articles were shipped in bulk packages and 
repacked and labeled by the dealer as described above. The Milk Chocolate 
Stars bore a label on which the ingredients statement was printed in very 
small type making it difficult to read.
LIBELED :   9-18-62, S. Dist. Ohio.
CHARGE: Milk Chocolate Stars (bulk and repack), 403(a)—while held for sale, 
the labeling, namely, the repaek label, made statements which represented and 
suggested that the article contained peanuts and coconut oil, gelatin, baking 
soda, natural flavoring and artificial coloring, which statements were false and 
misleading since they were contrary to fact; 403(f)—the information required 
to appear on the label under 403 (i) (2), namely, the common or usual name of 
each ingredient, was not prominently placed thereon (as compared with other 
words, statements, designs, or devices in the labeling) as to render it likely 
to be read by the ordinary individual under customary conditions of purchase 
and use; and 403(i) (2)—the labels failed to bear the common or usual name 
of each ingredient.
*See also No. 28784.
Chocolate Nonpareils (bulk and repack), 403(a)—the labeling, namely, the 
repack label, made statements which represented and suggested that the article 
contained peanuts, coconut oil gelatin, baking soda and artificial coloring, 
which statements were false and misleading since they were contrary to fact; 
and 403(i) (2)—the label failed to bear the common or usual name of each 
ingredient.
DISPOSITION: 12-12-62. Default—delivered to a civic organization for chari- 
table purposes.