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generally, especially the manufacturing element, combine with more sordid 
interests to bring about the abridgment or extinguishment of the power and 
authority to make standards? 
Believing that the national definition for ice cream is very faulty and will 
work untold hardships to manufacturers and consumers alike, especially if 
adopted by the States, we respectfully submit our definition and argument. 
The definition proposed by the Kymo Company is as follows: 
Ice cream . — Ice cream is a frozen product made from cream or milk, fresh 
or condensed, and sugar, with or without a natural flavoring and with or with- 
out the addition of other harmless vegetable and animal ingredients or products. 
The company also says: 
The term ice cream as now used is not a misnomer nor is it misunderstood by 
the consumer. This name is established in the- minds of the manufacturer and 
consumer alike as that of an article that is made from recipes or formulas that 
vary greatly as to their ingredients. The consumer thus makes or purchases 
ice cream of a kind or quality that accords with his taste or means. There is 
no evidence of dissatisfaction on his part with the present popular definition or 
with the present product, therefore there is no cause for a new definition or for 
legislation along this line on the grounds that the public is being deceived or 
imposed upon by the sale of adulterated or misbranded ice cream. 
The term ice cream, in the minds of the consumer and the manufacturer, 
does not indicate that the frozen product is made from any particular amount 
or proportion of milk fat. To those who are conversant with the art of manu- 
facturing ice cream, including the confectioner, baker, caterer, and house- 
wife, the name suggests a variety of ingredients, and the quality of the arti- 
cle is not based on the amount of milk fat contained. * * * 
From the foregoing, it is obvious that to protect the public it is not neces- 
sary to restrict the term “ ice cream ” to frozen cream, sugar, and flavoring, 
as this is not the popular definition and is not what the consumer makes when 
he manufactures his own product. To the consumer and manufacturer alike 
ice cream made according to the Agricultural Department’s definition is a new 
product under an old and familiar name. 
We believe that most doctors will agree that 14 per cent of milk fat in ice 
cream is a larger proportion than is good for the average individual. This 
is particularly true during warm weather, when ice cream is consumed most 
liberally. As regards healthfulness, whether taken as a food or as a cooling 
confection or delicacy, we believe that a pure milk ice cream is preferable to 
one made from pure cream, just as much so as milk is better than cream for 
the average individual to drink. 
The Kymo Company also makes the following statement regard- 
ing the determination of the percentage of fat : 
In all that we have seen or heard on the subject of how to figure the per- 
centage of fat in ice cream the basis has been the relation of the milk fat to 
the entire weight of the raw materials. On this basis it has been estimated 
that cream testing 17 per cent will produce ice cream showing 14 per cent of 
milk fat. If this flguring is accepted ice cream made in a slow-speed power 
freezer will cost nearly double as much as that made from the same materials 
in a freezer that whips the materials into double its original volume. Does 
this not look like discrimination in favor of the man with the high-speed 
freezer? 
