United States v. 432 Cartons … Candy Lollipops
United States District Court for the Southern District of New York
292 F. Supp. 839 (1968)
- Written by Alex Ruskell, JD
Facts
The United States sued to condemn 432 cartons of candy lollipops based on the Federal Food, Drug, and Cosmetic Act’s prohibition of false or misleading labelling for any of a product’s particulars. The government believed that the product’s labelling implied that the lollipops were flavored with alcohol when they were not. The owner of the lollipops argued that the government was focused on one isolated part of the labelling and that reading the labelling as a whole showed the product was not mislabeled. The outside of the carton was labelled candy and had a detailed description of the ingredients. The inside of the box said the product was “Liquor Flavored Lollypops” and “Take Your Pick of a Liquor Stick.” Finally, the lollipops themselves were wrapped in cellophane that said “Scotch,” “Bourbon,” and “Gin.” The government moved for a judgment on the pleadings.
Rule of Law
Issue
Holding and Reasoning (Mansfield, J.)
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