3639. Misbranding of Hess' condensed buttermilk for brood sows and laying
hens.   U. S. v. 10 Drums, etc    (F. D. C. No. 30817.    Sample No. 19377-L.)
LIBEL FILED :   February 23,1951, Northern District of Iowa.
ALLEGED SHIPMENT :    On or about January 12, 1951, from Omaha, Nebr.
PRODUCT :    10 drums, each containing 100 pounds, of Hess' condensed buttermilk
at Miles, Iowa, together with a number of circulars.
RESULTS OF INVESTIGATION : The circulars were entitled "Hess' Brand Con-
denced Buttermilk," and were delivered to the consignee by Donald Hess
of the Hess Condensed Buttermilk Co., Jesop, Iowa, about September 1950.
A copy of these circulars was handed to purchasers.
LABEL, IN  PART:    (Drum)   "Hess'  Condensed Buttermilk   For  Brpsod  Sows
and Laying Hens."
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in the
* circulars accompanying the article were false and misleading. These state-
ments represented and suggested that the article was effective in the preven-
tion and treatment of the disease of pigs known as "necro" or necrotic
enteritis, whereas the article was not effective in the prevention and treatment
of such disease. The article was misbranded while held for sale after ship-
ment in interstate commerce.
DISPOSITION : April 4, 1951. Default decree of condemnation. The court
ordered that in lieu of destruction, the article be sold to the highest bidder,
conditioned that it not be sold or otherwise disposed of in contravention of
any law, and that it be disposed of solely for animal consumption. The court
ordered further that the circulars accompanying the article be destroyed.
(Editor'^ Note-Hess' condensed buttermilk for brood sows and laying hens
was also published in notices of judgment on foods, No. 17623.)