6653. Adulteration and misbranding of candy. U. S. v. 12 Boxes, 12 Boxes, and 5 Cases of Candy. Default decrees of condemnation and destruction. (F. D. C. Nos. 12255, 12279. Sample Nos. 28855-F, 63233-F, 63234r-F.) LIBELS FILED: April 27 and 28, 1944, Southern District of Florida, Western District of North Carolina. ALLEGED SHIPMENT: On or about March 31 and April 7, 1944, by the Tom Huston Peanut Co., from Columbus, Ga. PRODUCT: 5 cases, each containing 12 cartons, of candy bars at Jacksonville, Fla., and 24 boxes of candy bars at Charlotte, N. C. v These products contained mineral oil. A portion of the nut caramel bars \ contained undeclared cereal. y LABEL IN PART: (Bar wrapper) "Tom's Full Dinner [or "Nut Caramel"]." 643260--45 3 vegetable oil, had been in part omitted; Section 402(b) (2), mineral oil had been substituted in part for vegetable oil; Section 402(b)(4), a substance, mineral oil, having no food value, had been added to the articles or packed with them so as to reduce their quality; Section 402(d), the articles were confectionery and they contained a non-nutritive substance, mineral oil; and, Section 402(b)(2), (portion of nut caramel bars only) cereal had been substituted in part for peanuts. Misbranding, Section 403(a) the statements on the labels, (Full Dinner Bar) "Sugar, Glucose, Chocolate, Rice Flakes, Peanuts, Powdered Skim Milk, Vegetable Oil, Egg Albumen, Salt, Artificial Flavor," and (nut caramel bar) ^ "Candy contains sugar, peanuts, corn syrup, powdered milk, vegetable oil, salt, artificial flavor," were false and misleading as applied to the article, which contained mineral oil. Further misbranding (portion of nut caramel bar only), Section 403(a), the name of the article, "Nut Caramel," in conjunction with the designation "Peanuts" in the ingredient list, was misleading since it suggested and implied that peanuts constituted the sole filling ingredient; and, Section 403 (i) (2), it was fabricated from two or more ingredients and its label failed to bear the common or usual name of each such ingredient since cereal was not declared. DISPOSITION: June 7 and 16, 1944. No claimant having appeared, judgments of condemnation were entered and the products were ordered destroyed.