5579. MSMJ>x>m.n.-<Mmm J*t " Ice Wafers " and " Kafcoaae .Brand Ekfcgli Gmde 
?J?n-es." IT. S. * ?* * *". The Imd-ej^ea&ejat Biscuit Co., a corpora- 
tion. Plea, of guilty. Fine, ?25. (F. & D. No. B109. I. S. Nos. 1401-1, 
4333-1.)
On March 30, 1917, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed .in the Dis- 
trict Court of the United States for said district an .information against the 
Independent Biscuit Co., a corporation, doing business at Jersey City, N. J., 
alleging shipment by said company, in violation of the Food and Drugs Act, 
on or about April 15, 1916, and July 20, 1915, from the State of New Jersey 
into the States of Massachusetts and Connecticut, respectively, of quantities 
of articles labeled in part, " Ice Wafers " and " Kakone Brand High Grade 
Cones," which were misbranded.
Analyses of samples of the article by the Bureau of. Chemistry of this 
department showed that the " Ice Wafers" were colored with tartrazine, 
S. & J. No. 94, and croceine orange, S. & J. No. 13; and that the " Cones" 
were colored with tartrazine, S. & J. No. 94, and croceine orange, S. & J. No. 13.
Misbranding of the " Ice Wafers" was alleged in the information for the 
reason that the statement regarding the article and the ingredients and sub- 
stances contained therein, appearing on the box, to wit, " Colors used Guaran- 
teed U. S. Certified," was false and misleading in that it represented to pur- 
chasers that the coloring material used in said article was a coloring material 
certified by the United States; and for the further reason that it was labeled 
as aforesaid so as to deceive and mislead purchasers into the belief that 
the coloring material used in said article was certified by the United States, 
whereas, in truth and in fact, it was not, but contained and was mixed with 
a dye or dyes prohibited by the rules and regulations, promulgated by the 
United States, to be used in foods.
Misbranding of the " Kakone Brand Cones" was alleged for the reason 
that the statement concerning the article and the ingredients and substances 
contained therein, appearing on the label of the boxes, to wit, " Artificially 
Colored with U. S. Certified Colors," was false and misleading in that it rep- 
resented to purchasers that the coloring material used in said article was 
certified by the United States; and for the further reason that it was labeled 
as aforesaid so as to deceive and mislead purchasers into the belief that the 
article was colored with a coloring material which was certified by the United 
States, whereas, in truth and in fact, the said coloring material was not cer- 
tified by the United States, but was mixed with a dye or- dyes prohibited by 
the United States, in its rules and regulations, to be used in foods.
On May 1, 1917, the defendant company entered a plea of guilty to the 
information, and the court imposed a fine of $25.
O. F. MARVIN, Acting Secretary of Agriculture.