1196. Adulteration and misbranding of candy.    IT.  S. v. 22 Paper Cups and 41
Various-Sized Baskets of Candy. Default decree of condemnation and 
destruction.    (F. D. C. No. 1396.    Sample No. 84000-D.)
This product had been shipped in interstate commerce and was in interstate 
commerce at the time of examination, at which time a portion was found to 
be insect-infested. The containers—cellophane wrapped paper cups and rattan 
baskets—were filled with excelsior paper, on top of which the candy was piled 
to a height of from 1 to 2 inches. No quantity of contents statement appeared 
on the cups, and the statement on the baskets was placed on the bottom thereof.
On January 29, 1940, the United States attorney for the Western District 
of Washington filed a libel against 22 paper cups.and 41 various-sized baskets 
of candy at Seattle, Wash., alleging that the article had been shipped in inter- 
state commerce on or about November 15, 1939, by the Cora Lou Confectioners 
from San Francisco, Calif.; and charging that it was misbranded and that a 
portion was also adulterated. The article was labeled in part: "Cora Lou 
Almond Delight The Perfected Marzipan." 
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Two lots of the baskets of candy were alleged to be adulterated in that the 
product consisted in whole or in part of a filthy substance.
The entire shipment was alleged to be misbranded in that the containers 
were so made, formed, or filled as to be misleading. The candy contained 
in the cups was alleged to be misbranded further in that it was in package 
form and did not bear an accurate statement of the quantity of the contents. 
All of the basket candy was alleged to be misbranded further in that the state- 
ment of the quantity of the contents required by the act to appear on the 
label was not prominently placed thereon with such conspicuousness as to 
render it likely to be read by the ordinary individual under customary con- 
ditions of purchase and use.
On March 25, 1940, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.