United States v. 1200 Candy Bars

313 F.2d 219 UNITED STATES of America, Libelant-Appellant, v. 1200 CANDY BARS, MORE OR LESS, LABELED IN PART "STA-TRIM", Defendant-Respondent, and Sta-Trim Confections, Inc., Claimant-Appellee. No. 18139. United States Court of Appeals Ninth Circuit. January 14, 1963. Cecil F. Poole, U. S. Atty., Robert N. Ensign, Asst. U. S. Atty., San Francisco, Cal., and Arthur A. Dickerman, Atty., Dept. of Health, Education & Welfare, Los Angeles, Cal., for appellant. Bass & Friend, New York City, for appellee. Before POPE, HAMLEY and BROWNING, Circuit Judges. PER CURIAM. 1 In this case the United States filed a libel against the above mentioned Candy Bars alleging that the candy bars were (a) adulterated and (b) misbranded in violation of the Federal Food, Drug, and Cosmetic Act. Following proceedings in the court below, the court adjudged that the candy bars were not adulterated within the meaning of the applicable statute but adjudged that the same were misbranded and ordered them condemned and destroyed for this reason. United States has appealed from that portion of the judgment of the court below which found the candy bars not adulterated. No other appeal has been taken and the…