NOTICE OF JUDGMENT NO. 2738.
(Given pursuant to section 4 of the Food and Drugs Act.)
U.   S.   v.  The   Max  dick:  Co.   Plea  of  guilty  to   count   one  of  information. 
Fine,   $25   and    costs.    Second   and   tliird   counts    of   information    nolle
pressed.
ADULTERATION OF CONFECTIONERY.
On January 20, 1913, the United States Attorney for the Northern 
District of Ohio, acting upon a report by the Secretary of Agricul- 
ture, filed in the District Court of the United States for said district 
an information in three counts against the Max Click Co., Cleveland, 
Ohio, alleging shipment by said company, in violation of the Food 
and Drugs Act—
(1) On or about September 29, 1911, from the State of Ohio into 
the State of Illinois, of a quantity of confectionery which was 
adulterated. This product was labeled: " Glick's 30 Lbs. Not as- 
sorted. Trade Famous Mark. Iced Nutty Fudge." " Glick's 30 Lbs. 
Famous Assorted Nutty Fudge." " Wilson Groc. Co., Peoria, Ill. 
Big 4." Analysis of a sample of the product by the Bureau of 
Chemistry of this Department showed the following results: Resinous 
coating, 0.16 per cent; iodin number of coating, 34.6; arsenic in coat- 
ing as As203, 7 parts per million; arsenic in candy, none; test for 
rosin in coating, negative.
(2) On or about October 11, 1911, from the State of Ohio into the 
State of West Virginia, of a quantity of confectionery which was 
alleged to have been adulterated. This product was labeled: " Glick's 
Italian Style Trade Mark Famous Vanilla Cream 100 s. Guaran- 
teed by the Max Glick Co. under the food and drugs act passed Jun 
30, 1906." Analysis of a sample of this product by said Bureau of 
Chemistry showed the following results: Product is coated with
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shellac; alcohol, 0.006 per cent; iodoform test for alcohol in whole 
candy, positive; iodoform test for alcohol in candy after top had been 
cut off, positive; alcohol through whole candy and may have come 
from flavoring material; methyl alcohol, none; shellac, 0.09 per cent; 
iodin number (Hiibl, 18 hours), 11.9; arsenic as As2Os in shellac, 10 
parts per million; arsenic in candy, 0.01 part per million; amount 
of As2Os in daily ration, if daily ration contains as much arsenic as 
shellac, 26 milligrams, or over eight times maximum medicinal dose; 
polarization, direct, at 20° O, +121.2° V.; polarization, invert, at 20° 
C, +57.8° V.; polarization, invert, at 87° C, +70.0° V.; sucrose, 
47.79 per cent; glucose (factor 163), 42.94.
(3) On or about October 13, 1911, from the State of Ohio into 
the District of Columbia, of a quantity of confectionery which was 
alleged to have been adulterated. This product was labeled: " 30 
Tom & Jerry Glazed." (Inside cover) " Glick's Tom & Jerry Mfg. 
By The Max Glick Co., Cleveland, O." Analysis of a sample of the 
product by said Bureau of Chemistry showed the following results: 
Arsenic (As203), parts per million in candy, 0.3; arsenic (As203), 
parts per million in coating, 12.5. Adulteration of the products was 
alleged in the information for the reason that they were articles of 
confectionery and contained a poisonous substance and ingredient 
deleterious and detrimental to health, to wit, arsenic.
On March 3, 1913, the defendant company entered a plea of guilty 
to the first count of the information and the court imposed a fine of 
$25. with costs. The second and third counts of the information 
covering the shipments into the State of West Virginia and into the 
District of Columbia were nolle pressed.
C. F. MAKVIN, 
Acting Secretary of Agriculture.
WASHINGTON, ~D. C, October 13, 1913.
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