2860. Adulteration, and misbranding of coloring matter for confectionery.   U. S. v. Henry H.?
Ottens Manufacturing Co.   Flea of non vult contendere.   Fine, $50 and costs.   (F. &
D. No. 4015.   I. S. No. 19151-c.)
On December 8, 1913, the United States Attorney for the Eastern District of Penn??
sylvania, acting upon a report by the Secretary of Agriculture, filed in the District?
Court of the United States for said district an information against the Henry H. Ottens?
Manufacturing Co., a corporation, Philadelphia, Pa., alleging shipment by said com??
pany, in violation of the Food and Drugs Act, on or about November 2,1910, from the
94	
BUREAU OF CHEMISTRY.	
[February,
State of Pennsylvania into the State of Tennessee, of a quantity of coloring matter?
to be used in the manufacture of confectionery, designated as New Leaf Green Color?
and Coal Tar Color, which was adulterated and misbranded. The product was labeled:?
"Quaker Brand New Leaf Green Color Coal Tar Color. Henry H. Ottens Mfg. Co.,?
Philadelphia. Guaranteed Non Poisonous Colors. Bakers and Confectioners Spe??
cialties. We guarantee coloring matter in this container to be of the group of seven?
colors mentioned in F. I. D. 76.   The Henry H. Ottens Mfg. Co."
Analysis of a sample of the product by the Bureau of Chemistry of this Department?
showed the following results:
Naphthol Yellow S ? (Schultz & Julius No. 4) (per cent)?
41.26
Martius Yellow (Schultz & Julius No. 3) (per cent)?
Light Green S F Yellowish (S & J No. 435) as Certified Light Green SF Yel??
lowish Lot No. 142) (per cent)?
36.05
No other coloring matters present.
Arsenic as As203 (parts per million)?
    34.0
Adulteration of the product was alleged in the information for the reason that it con??
tained a certain poisonous color, to wit, Martius Yellow. Misbranding was alleged?
for the reason that said article of confectionery was labeled and branded so as to de??
ceive and mislead the purchaser thereof, in that the tin box containing the article of?
confectionery bore a label upon which were prominently displayed the words?
"Quaker Brand New Leaf Green Color Coal Tar Color, Guaranteed Non Poisonous?
Colors, The Henry H. Ottens Mfg. Co., Philadelphia, Pa.," which said label and repre??
sentations thereon contained were calculated to lead the purchaser of the article to?
believe that it did not contain a poisonous color, whereas, in truth and in fact, it did?
contain a poisonous color, to wit, Martius Yellow.
On December 8,1913, the defendant company entered a plea of non vult contendere?
to the information, and the court imposed a fine of $50 and costs.
B. T. GALLOWAY, Acting Secretary of Agriculture.?
WASHINGTON, D. C, February 9, 1914-