5118. Adulteration and misbranding of ice box cookies.    TJ. S. -v. 46 Cases, 24
Cases and 1 Case of Ice Box Cookies' (and 2 other seizures, of ice box 
cookies).    Default decrees of condemnation and destruction.     (F. D. C.
Nos.  9240,  10446, 10757.     Sample Nos. 12070-F, 12071-F, 43337-F, 43432-F, 
56423-F.)
Two lots of this product were adulterated by reason of insect infestation, one of 
them was misbranded because of an inconspicuous declaration of weight and in- 
gredients. The third lot was short weight. In two of the lots the product was 
labeled to indicate that it was a dietary food, but its label failed to bear,the 
information regarding its vitamin and mineral properties required by the regu- 
lations.
On or about January 29, August 20,. and September 18* 1943, the United States 
attorneys for the Western District of Washington, the District of New Jersey, and 
the District of Kansas filed libels against 71 cases of ice box cookies.at Seattle, 
Wash., 55 cartons of the product at Newark, N. J., and 371 cartons at Kansas 
Oily, Kans., alleging that the article had been shipped in interstate commerce 
within the period from on or about August 6,1942, to May 12,1943, by the Kungs- 
holm Baking Co., from Chicago, Ill.; and charging that it was adulterated and/or 
misbranded. The product in 2 of the lots was labeled in part; (Carton) "Kungs- 
holm Ice Box Cookies," (package) "Vitamin Bi and important Minerals have been 
added." The remaining shipment was labeled in part: "Delicious, lee Box 
Cookies."
The lots located at Kansas City, Kans., and Newark, N. J., were alleged to be 
adulterated in that they consisted in whole or in part of filthy substances by 
reason of the presence of insect contamination.
The lots located at Kansas City, Kans., and Seattle, Wash., were alleged to be 
misbranded (1) la. that the article purported to be and was represented as a food 
for special dietary uses by reason of its vitamin Bi and mineral content, and its 
label failed to bear such information concerning its vitamin and mineral proper- 
ties as had been determined to be, and by regulations prescribed as, necessary in 
order fully to inform purchasers as to its value for such uses, since its label did 
not state the proportion of the minimum daily requirements of vitamin Bi con- 
tained in a specified quantity of the food which is customarily or usually consumed 
during a period of 1 day; and (2) since its label did not bear a statement of 
the minerals contained in the article, as required by the; regulations, or the pro- 
portions of the minimum daily requirements for each mineral supplied'by such 
food. The lot located at Seattle, Wash., was alleged to be misbranded further in 
that the foUowing statements "Net Wt. 8 Oz.," or "Net Wt. SV5 Oz.," or "Net Wt. 12 
Oz.," borne on the various sized packages, were false and misleading as applied to 
the article, since it was short of the declared weight, and (3) in that it was in 
package form and did not bear a label containing an accurate statement of. the 
quantity of the contents; The lot located at Kansas City, Kans., was alleged to be 
misbranded further in that the statements of the quantity of the contents and 
the ingredient list, required by the act to appear on the label, were not promi- 
nently placed thereon with such conspicuousness (as compared with other words, 
statements, designs, or devices in the labeling) as to render them likely to be 
read by the ordinary individual under customary conditions of purchase and use.
On July 13, September 18, and November 29,1943, no claimant having appeared, 
judgments of condemnation were entered and the product was ordered destroyed.