11134. Adulteration   and misbranding of  ice   cream  cones.     TT.   S.   v.   Eastern
Baking Co., a partnership, and Nathan Shapiro and Samuel Shapiro, Jr. 
Pleas of guilty on behalf of the partnership and Nathan Shapiro, and 
plea of nolo contendere on behalf of Samuel Shapiro, Jr. Fines of $300 
each against the partnership and Nathan .Shapiro and $100 against Sam- 
uel Shapiro, Jr. (F. D. C. No. 19522. Sample Nos. 3113-H, 7215-H, 11178-H 
to 11180-H, intel.)
Eastern Baking Co., Chelsea, Mass., and Nathan Shapiro and Samuel Shapiro, 
Jr., partners.
ALLEGED SHIPMENT : Between the approximate dates of June 21 and July 3,1945, 
from the State of Massachusetts into the States of New York, Maine, and New 
Hampshire, and the District of Columbia.
LABEL, IN PART : "Toot Cake Cup Cones" or " 'Fro-Joy' Cake Cones * * * 
Made under rigid sanitary conditions * * * General Ice Cream 
Corporation."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the articles consisted in 
whole or in part of filthy substances by reason of the presence of rodent hair 
fragments, insect fragments, whole beetles, insect larvae, and a cat hair frag- 
ment; and, Section 402 (a) (4), they had been prepared and packed under 
insanitary conditions whereby they may have become contaminated with filth. 
Misbranding, Section 403 (a), the statement "Made under rigid sanitary 
conditions," borne on the labels of one of the shipments, was false and mis- 
leading since the article was made under insanitary conditions in a dirty plant 
infested with insects and rodents.
DISPOSITION: April 8, 1947. Pleas of guilty having been entered by Nathan 
Shapiro on behalf of himself and the partnership, and a plea of nolo contendere 
having been entered by Samuel Shapiro, Jr., the court imposed fines of* $300 
each against the partnership and Nathan Shapiro and $100 against Samuel 
Shapiro, Jr.