120. Adulteration and misbranding' of texture cream.    TJ. S. v. Emarco Co., Inc.*
and Clifford F. Green. Plea of guilty on behalf of corporation; fine, $100. 
Plea of nolo contendere by individual; fine, $10. (F. D. C. No. 15490. 
Sample No. 52791-F.)
INFORMATION FILED : May 2,1945, District of Massachusetts, against the Emarco 
Co., Inc., Boston, Mass., and Clifford F. Green, clerk and active head of the 
corporation.
ALLEGED SHIPMENT : On or about April 6,1945, from the Commonwealth of Massa- 
chusetts into the State of Rhode Island. The product was shipped in jars which 
were unlabeled except for a small sticker bearing the words "Texture Cream." 
The shipment was not covered by a written agreement between the shipper and 
consignee in regard to the labeling of the product.
NATURE OF CHARGE : Adulteration, Section 601 (e), the product was not a hair dye 
and it contained a coal-tar color, "butter yellow" (Colour Index No. 19), which 
has not been listed for use in cosmetics in accordance with the regulations and is 
other than one from a batch that has been certified in accordance with the 
regulations.
Misbranding, Section 602 (b). (1), the product was in package form and it
*See also No. 113.
failed to bear a label containing the name and place of business of the manufac- 
turer, packer, or distributor; and, Section 602 (b) (2), the jars bore no label 
containing a statement of the quantity of the contents. 
DISPOSITION : October 11,1945. A plea of guilty having been entered on behalf of 
the corporation, and a plea of nolo contendere having been entered by the 
individual, the corporation was fined $100 and the individual was fined $10'.