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On the issue of the Departmental Committee's Report, the case
was restored by order of the Committee. On the application of
the defendant's solicitors, the third portion of the sample was
submitted to the Government Analyst, who reported the quantity
of boric acid found by him on analysis to be 20.3 grains per lb.
Counsel for the prosecution (Mr. Done) contended that the
quantity of boric acid present in these cakes was excessive and
injurious to health, especially in the case of invalids and of children,
by whom these cakes were commonly consumed, and that they were
further to the prejudice of the purchaser in that the cakes were
sold without a disclosure of the presence of the chemical preservative.
Medical evidence in support of the Council's case was given
by Professor Kenwood and by the Medical Officer of Health.
The defendant was represented by Sir H. Curtis Bennett, K.C.,
and Mr. Frampton. Medical evidence for the defence was given
by Dr. Panton, Professor of Clinical Pathology, London Hospital,
who stated that, in his opinion, the amount of boric acid present in
these cakes mixed with food was not injurious to health.
The Magistrate, in giving his decision, appeared to have been
influenced by two points, (a) that the ingredients used in the
manufacture of these cakes, including the liquid egg and the
margarine, both of which contain boric acid, were obtained in the
ordinary course of commerce, and (b) that no special case was
shown in evidence where any adult or child had suffered injury
to health by eating cakes such as these. He therefore accepted
the medical evidence given for the defence.
The case is of much interest having regard to the circumstances
surrounding the taking of these samples of fairy cakes, and to the
recommendations in the Departmental Committee's report as to
the prohibition of preservative, including boric acid, in food. The
decision of the Court in this case serves mainly to emphasise one of
the recommendations, viz., that relating to the need for legislation
or regulations prohibiting or limiting the use of preservatives, &c.,
which would be binding on the Courts in proceedings taken under
the Sale of Food and Drugs Acts. The present position admittedly
is highly unsatisfactory to all concerned, the Authority, the Trade
and the Consumer. It is to be hoped, therefore, that the draft
regulations made by the Ministry of Health, which are intended to
implement the recommendations of the Departmental Committee's
Report, will be found, when issued with Statutory authority to local
Authorities, to remove the administrative difficulties at present
associated with proceedings under the Sale of Food and Drugs Acts.
(Signed) G. QUIN LENNANE,
8th April, 1925. Medical Officer of Health.