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UNITED STATES v. 116 BOXES, ETC.

Misc. Civ. No. 7331.

80 F.Supp. 911 (1948)

UNITED STATES v. 116 BOXES, etc. ARDEN ASSORTED CANDY DROPS.

United States District Court D. Massachusetts.

November 12, 1948.

Attorney(s) appearing for the Case

William T. McCarthy, U. S. Atty. and Alfred G. Malagodi, Asst. U. S. Atty., both of Boston, Mass., for plaintiff.

Joseph J. Gottlieb, of Boston, Mass., and Leonard Franklin, of New York City, for claimant.

WYZANSKI, District Judge.

This is a libel brought under the Federal Food, Drug, and Cosmetic Act of 1938, 52 Stat. 1040, 21 U.S.C.A. § 301 et seq. for the condemnation of packages of confections manufactured and shipped in interstate commerce by Up-To-Date Candy Manufacturing Company. These packages contain either "Arden Assorted Candy Drops" or "Arden Root Beer Drops" or "Arden Lemon Drops" or "Arden Kandy Mints".

The libel charges misbranding within...

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