19339. Adulteration of candy.    U. S. v. 27 Boxes of Candy.    Default decree
of condemnation, forfeiture, and destruction.     (F.  & D.  No. 27346. 
I. S. No. 34896.    S. No. 5517.)
The candy involved in this action consisted of pieces all of the same outward 
appearance but with pennies concealed in some of them.
On December 7, 1931, the United States attorney for the Western District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for the district aforesaid a libel praying seizure 
and condemnation of 27 boxes of candy, remaining in the original unbroken 
packages at Buffalo, N. Y., consigned by R. F. Keppel & Bro. (Inc.), Lancaster, 
Pa., alleging that the article had been shipped from Lancaster, Pa., on or about 
November 3,1931, and had been transported from the State of Pennsylvania into 
the State of New York, and charging adulteration in violation of the food and 
drugs act.   The article was labeled in part: " Penny Chocolate Pigs."
It was alleged in the libel that the article was adulterated in that it contained 
an ingredient, deleterious or detrimental to health, and in that it contained an
added poisonous or other added deleterious ingredient which might have ren- 
dered it injurious to health, to wit, a copper cent.
On January 7, 1932, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
AETHTJB M. HYDE, Secretary of Agricultui'e.