10883. Adulteration and misbranding of coal-tar colors.   U. S. v. Marion K. SumŽ
mers (Marion-Kay Products Co.).   Plea of nolo contendere.   Imposition 
of sentence suspended: defendant placed on probation for 1 year.    (F. D.
C. No. 17874.    Sample No. 13221-H.)
INFORMATION FILED : June 12,1946, Eastern District of Missouri, against Marion 
K. Summers, trading as the Marion-Kay Products Co., St. Louis, Mo.
ALLEGED SHIPMENT :   On or about January 25, 1940, from the State of Missouri
into the State of Ohio. 
LABEL IN PART:   "Marion   Kay   Products   Company   *   *   *   Green    [or
"Yellow,"  or "Bed"]  Food  Coloring."
NATURE OF CHARGE : Adulteration, Section 402 (c), the articles contained coal-tar 
colors other than ones from batches that had been certified in accordance with 
the regulations.
Misbranding, Section 403 (a), the label statements "Certified Food Colors" 
and "Certified by the U. S1. Food and Drug Administration" were false and mis- 
leading since they represented and suggested that the articles consisted of coal- 
tar colors from batches that had been certified in accordance with the regula- 
tions, whereas the articles consisted of coal-tar colors other than ones from 
batches that had been so certified.
DISPOSITION: September 19, 1946. A plea of nolo contendere having been en- 
tered, the court suspended the imposition of sentence and placed the defendant 
on probation for 1 year.