3173. Adulteration of lee cream cones. TJ. S. v. 34 Boxes of Ice Cream?
Cones. Default decree of condemnation, forfeiture, and destruc??
tion.    (F. & D. No. 5322.     S. No. 1917.)
On August 30, 1913, the United States Attorney for the District of Colorado,?
acting upon a report by the Secretary of Agriculture, filed in the District Court?
of the United States for said district a libel for the seizure and condemnation?
of 34 boxes of ice cream cones, each purporting to contain 96 cones, remaining?
unsold in the original unbroken packages and in possession of the Clover Leaf?
Creamery, Boulder, Colo., alleging that the product had been shipped on or?
about May 31, 1913, and transported from the State of Massachusetts into the?
State of Colorado, and charging adulteration in violation of the Food and?
Drugs Act. The product was labeled: " Miner's Ice Cream Cones are made?
from pure materials in a clean, sanitary, daylight factory and are always fresh?
and crisp and 'Fit to Bat.' Be sure to specify Miner's 'Fit to Eat' Cones.?
The Guaranteed kind. See that every box bears our trade mark shield.?
Colored with Harmless Legal Coloring." " Miner's ' Fit to Eat' Brand Ice?
Cream Cones. These cones are made in a clean, daylight factory, and are pure?
and wholesome, and 'Fit to Eat'" (Trade mark shield bearing pictorial de??
vices and the words "Purity and Strength.")- "Miner's Fruit Nectar Co.?
Guaranteed by Miner's Fruit Nectar Co. Under The National Pure Food Law?
Enacted June 30, 1906. Serial No. 1836. Miner's Fruit Nectar Co. 134 Fulton?
St., Boston, Mass. Makers of natural Fruit Flavors and Specialties. Miner's?
Cream Puff for Improving Ice Cream."
Adulteration of the product was alleged in the libel for the reason that each?
of the cones contained an injurious ingredient known as saccharin, which had?
been substituted for sugar, thus injuriously affecting the quality and strength?
of the article, and rendering the cones injurious to health. Adulteration was?
alleged for the further reason that a deleterious ingredient known as sac??
charin had been added to the ingredients from which said cones had been made?
and thereby the quality of the cones had been reduced and lowered and rendered?
injurious to health.
On October 4, 1913, no claimant having appeared for the property, judgment?
of condemnation and forfeiture was entered, and it was ordered by the court?
that the product should be destroyed by the United States marshal.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, May 26, 1914.
372	
BUREAU  OF  CHEMISTRY.	
[May, 1914.