29826. Misbranding of candy.    V,  S.  v. Mrs.  Stover's Bungalow Candles, Inc.
Plea of nolo contendere.    Fine, 9100.    (F. & D. No. 42515.    Sample Nos. 
3322-D, 3323-D, 3421-D, 3422-D, 8423-D.)
These boxes of candies were short of the declared weight, and the quantity 
of contents was placed inconspicuously on the side panel.
On August 3, 1938, the United States attorney for the District of Colorado, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
an information against Mrs. Stover's Bungalow Candies, Inc., Denver, Colo., 
alleging shipment by said defendant within the period from on or about January 
19, 1938, to on or about January 25, 1938, from the State of Colorado into the 
States of Nebraska, Wyoming, and Kansas, in violation of the Food and Drugs 
Act as amended, of quantities of candies that were misbranded. The article 
was labeled variously in part: "Mrs. Stover's Butter Creams & Fudges [or "Bun- 
galow Chocolates" or "Assorted Chocolates Real Home Made"]."
The article was alleged to be misbranded in that the statements, "Net Weight 
9 Ozs.," "Net Weight One Pound," or "Net Wt. 1 Lb.," borne on the boxes, were 
false and misleading since the net weight of the contents of the boxes was less 
than represented by an amount in excess of a reasonable variation or permissible 
tolerance.   It was alleged to be misbranded further in that by reason of the
statements aforesaid the article was labeled and branded so as to deceive and 
mislead the purchaser; and in that it was food in package form and the quantity 
of the contents was not plainly and conspicuously marked on the outside of 
the package in terms of weight since the statement was inconspicuously placed 
on the smallest of the dimensions of the package; and was printed on some 
of the packages in 3 on 6 point lining gothic, in others in 4 on 6 point, and in 
others in 5 on 6 point.
On November 18, 1938, a plea of nolo contendere was entered on behalf of the 
defendant, which plea was accepted by the court and a total fine of $100 was 
imposed.
HARRY L. BROWN, Acting Secretary of Agriculture.