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.