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eBook details

• Title: United States v. Cataldo.
• Author : First Circuit Circuit Court Of Appeals
• Release Date : January 31, 1946
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

This is an appeal from the dismissal of 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 certain articles of food consisting of 193 cartons, more or less, each containing 18 boxes of a food labeled in part: "Benevento Brand Nougat Net Weight 9 Ounces Contains 18 Pieces Weighing 1/2 Ounce Each, Consisting of Sugar, Honey, Almonds, Egg Whites, Cinnamon, Wafer * * *", which were shipped in interstate commerce from Boston to Providence. The libel charged misbranding within the meaning of § 403(d) of the Act in that its container is so filled as to be misleading since the boxes could hold approximately 50 per cent more candy.

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