15158. Adulteration of Nut Krunch, meringue, and cream Fill. U. S. v. Herbert 
Kane (Brokay Products). Plea of nolo contendere. Fine of $500 and 
jail sentence of 6 months; jail sentence suspended and defendant placed 
on probation for 1 year. (F. D. C. No. 26785. Sample Nos. 966-K, 
967-K, 3732-K, 3872-K, 23641-K, 40304-K.)
INFORMATION FILED: June 2, 1949, Eastern District of Pennsylvania, against 
Herbert Kane, trading as Brokay Products, Philadelphia, Pa.
ALLEGED SHIPMENT : On or about May 26, September 1, 10, and 20, and October 
5, 1948, from the State of Pennsylvania into the States of Georgia, Virginia, 
Alabama, and Maryland.
LABEL IN PART: "Brokay '90' Nut Krunch (Almond Flavored) Cont: Nuts, 
Corn Syrup, Maple Syrup, Pure and Imitation Flavor," "Brokay Nut Meat 
Krunch All Purpose Nuts Ingredients: Roasted Granulated Nuts, Cane 
Sugar, Maple Sugar, Whole Milk Solids & Flavor" or "Milk-White Meringue 
For Pies, Tarts and Lady-Locks," and "Kreamy-Kay cream Fill For Cream 
Puffs, Eclairs, Boston Cream Cake, Pastry Fillings & Doughnuts."
NATURE OF CHARGE: Nut Krunch. Adulteration, Section 402 (b) (2), a prod- 
uct consisting in part of soybeans had.been substituted for Nut Krunch of the 
composition declared on the label. Misbranding, Section 403 (a), the label 
statements, "Nut Krunch (Almond Flavored) Cont: Nuts, Corn Syrup, 
Maple Syrup, Pure and Imitation Flavor" or "Nut Meat Krunch All Purpose 
Nuts Ingredients: Roasted Granulated Nuts, Cane Sugar, Maple Sugar, 
Whole Milk Solids & Flavor," were false and misleading since the product con- 
sisted in part of soybeans; and, Section 403 (i) (2), the product was fabricated 
from two or more ingredients, and its label failed to bear the common or usual 
name of each ingredient since the label failed to declare the presence of 
soybKans.
Meringue and cream Fill. Adulteration, Section 402 (a) (4), the products 
had been prepared under insanitary conditions whereby they may have become 
contaminated with filth.
Kream Fill. Misbranding, Section 403 (k), the product contained artificial 
coloring and did not bear labeling stating that fact.
the defendant was fined $500 and sentenced to 6 months in jail. The jail sen- 
tence was suspended, and the defendant was placed on probation for 1 year.