13697. Allegred Misbranding of Ayds candy, U, S. v. The Carlay Co. and Carl A. 
Futter. Special plea in bar filed on behalf of individual defendant; 
plea sustained and case dismissed. (F. D. C. No. 10609. Sample Nos. 
485-F, 486-F, 3046-F, 8665-F to 8667-F, incl., 14081-F, 19667-F, 36890-F, 
37652-F.)
INFORMATION FILED : During the approximate date of June 1943, Northern Dis- 
trict of Illinois, against the Carlay Co., Chicago, Ill., and Carl A. Futter, 
president and treasurer of the corporation.
ALLEGED SHIPMENT:    Between the approximate dates of October 28, 1942, and 
f    February 17, 1943, from the State of Illinois into the States of Wisconsin, 
Minnesota, Massachusetts, California, Missouri, Michigan, and Maryland.
L PRODUCT: The product consisted of rectangular pieces of caramel-like candy 
individually wrapped in wax paper. Analysis disclosed that the candy chiefly 
contained glucose, sugar, protein, fat, and vitamins A, D, Bi, and flavor.
P NATURE OF CHARGE : The information charged, the defendants with the introduc- 
tion into interstate commerce of a misbranded food. The defendants were 
charged further with causing certain circulars and posters to be brought Into 
association with the food and to accompany the food, resulting in its being 
fflisbranded while held for sale after shipment in interstate commerce. The 
article was charged to be misbranded under Section 403 (a), because of state- 
ments in the labeling which represented that the article would be of substantial 
value as an aid in reducing body weight. These statements were alleged to be 
false and misleading.
DISPOSITION: On June 19, 1944, a special plea in bar was filed on behalf of 
Carl A. Futter, claiming immunity from prosecution in the instant case on the 
basis of evidence given or produced by him in a case involving the same de- 
fendants before the Federal Trade Commission. After a hearing in the matter, 
the court sustained the special plea in bar on September 13, 1944; on August 
19, 1944, the case was dismissed as to Carl A. Futter, and on September 12, 
1944, the case was dismissed as to the Carlay Co.