21739. Adulteration and misbranding of dried buttermilk:. U. S. v. 135 
Bags of Dried Butterinillc. Consent decree of condemnation and 
forfeiture.    Product released under bond for relabeling:.   (F. & D.
no. 31276.    Sample no. 14139-A.)
This case involved a shipment of a product which was represented to be dried 
buttermilk, but which consisted of dried skimmed milk. Examination also 
showed that the article contained less fat than labeled.
On October 26, 1933, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 135 bags of dried buttermilk at 
Baltimore, Md., alleging that the article had been shipped in interstate com- 
merce on or about June 26, 1933, by the Universal By-Products Co., from 
Oakland, Calif., and charging adulteration and misbranding in violation of 
the Food and Drugs Act. The article was labeled in part: (Tag) "Pure Dried 
Buttermilk Manufactured by Universal By-Products Co. San Francisco, Calif. 
Guaranteed Analysis   *    *    *   Crude Fat not less than 5.05%."
It was alleged in the libel that the article was adulterated in that dried 
skimmed milk had been substituted wholly or in part for dried buttermilk, 
which the article purported to be.
Misbranding was alleged for the reason that the statements on the tag, 
" Pure Dried Buttermilk " and " Crude Fat Not Less than 5.05% ". were false 
and misleading and deceived and misled the purchaser. Misbranding was 
alleged for the further reason that the article was offered for sale under the 
distinctive name of another article.
On November 10, 1933, the Baltimore Feed & Grain Co., Baltimore, Md., 
having consented to the entry of a decree, judgment of condemnation and 
forfeiture was entered, and it was ordered by the court that the product be 
released to the claimant upon payment of costs and the execution of a bond in 
the sum of $1,000, conditioned in part that it be relabeled.
M. L. WILSON, Acting Secretary of Agriculture.