500. Misbranding1 of candy. U. S. -v. 517 Boxes of Gold Crest Confections and 
206 Boxes of Tiuts & Fruits Creams. Default decree entered. Product 
ordered distributed to charitable institutions. (F. D. C. No. 732. Sample 
Nos. 68026-D, 68027-D.)
The Gold Crest Confections were contained in a flat rectangular box wrapped 
in cellophane and opened at both ends, the candy occupying less than 40 percent 
of the available space in the box. The boxes containing the Nuts & Fruits Creams 
had extension edges, were wrapped in colored cellophane and had false bottoms 
winch in depth. The latter boxes contained two layers of candy, the bottom 
layer containing fewer pieces than did the upper layer. The quantity of con- 
tents declarations on the boxes of both kinds were inconspicuously placed upon 
one end of the boxes and were covered with several thicknesses of cellophane. 
The article Was also short in weight.
On or about October 16, 1939, the United States attorney for the District of 
Connecticut filed a libel against 517 2-ounce boxes and 206 1-pound boxes of 
candy at Ridgefield, Conn., alleging that the article had been shipped in inter- 
state commerce on or about September 27 and October 3, 1939, by Delight 
Sweets, Inc., from New York, N. Y.; and charging that it was misbranded.
The article was alleged to be misbranded in that the statements on the boxes, 
(Gold Crest Confections) "2 Oz. or over," and "Nuts & Fruits Creams Net Weight 
One Pound," were false and misleading when applied to an article that was 
short in weight. It was alleged to be misbranded further in that the containers 
were so made, formed, or filled as to be misleading; in that it was in package 
form and did not bear an accurate statement of the quantity of the contents; 
in that the statement of the quantity of the contents, required by the act to 
appear on the label, was not prominently placed thereon with such conspicu- 
ousness as to* render it likely to be read by the ordinary individual under 
customary conditions of purchase and use.
On November 14, 1939, no claimant having appeared, judgment was entered 
ordering that the product be delivered to charitable institutions.