29229. Adulteration and misbranding of ice cream cones.     V. S. v. 333 Cans ot
Ice   Cream   Cones.     Default  decree  of condemnation and  destruction*
(F. & D. No. 42380.    Sample No. 13779-D.)
This product contained saccharin in an amount which might have rendered 
it injurious to health.
On May 13, 1938, the United States attorney for the District of Connecticut, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 333 cans of ice cream cones at New 
London, Conn.; alleging that the article had been shipped in interstate commerce 
on or about April 9, 1938, by U. S. Baking Co. from Brooklyn, N. Y.; and charg- 
ing adulteration and misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: "Mfd. by Original Sweet Baking Co. Brooklyn, N. Y."
It was alleged to be adulterated in that a substance, saccharin, had been 
mixed and packed therewith so as to reduce or lower or injuriously affect its 
quality or strength and in that saccharin and sugar in the place of sugar had 
been substituted in whole or in part for the article; and in that it contained an 
added deleterious ingredient, saccharin, which might have rendered it injurious 
to health.
It was alleged to be misbranded in that the statements on the label, "For 
Purity and Quality demand the New Sweet Cones We Guarantee These Cones 
to be Made of Finest Patent Flour and to Contain a High Percentage of Sugar," 
were false and misleading and tended to deceive and mislead the purchaser when 
applied to an article which contained saccharin.
On July 21, 1938, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.