22154. Adulteration and misbranding of condensed buttermilk. U. S. v. 
41 Unlabeled Barrels, et al., of Condensed Buttermilk. Decree of 
condemnation   and   forfeiture.      Product   released    under    bond.
(F. & D. no. 32056.    Sample nos. 55533-A, 55534-A, 55535-A.)
This case involved a shipment of a product represented to be condensed 
buttermilk but which was found to be deficient in total solids and butterfat.
On March 1, 1934, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 41 unlabeled barrels, 
10 unlabeled half-barrels, 10 unlabeled kegs, and 3 labeled barrels of condensed 
buttermilk, at Philadelphia, Pa., alleging that the article had been shipped in 
interstate commerce on or about February 2, 1934, by the Merchants Creamery 
Co., Inc., from Cincinnati, Ohio, and charging adulteration and misbranding in 
violation of the Food and Drugs Act. The article was shipped in unlabeled* 
barrels under a contract which read in part: "Pure Buttermilk Condensed to 
Milk Solids Minimum 27% Butterfat Minimum 2%, Protein Minimum 10%." 
Three barrels of the product were labeled at the time of investigation: 
"Condensed Buttermilk Guaranteed Analysis Protein (Milk Albumin &' 
Casein) 10.00%; Fat (Pure Butter Fat) 2.00; Lactic Acid 4.00; Ash (Mostly 
Calcium) 3.80; Total Solids 27.00 Fiber none Produced by Vacuum Process for 
Ronek & Bevis Co., Philadelphia, Pa."
It was alleged' in the libel that the article was adulterated in that a product 
consisting of insufficiently concentrated buttermilk containing less total solids 
and less butterfat than condensed buttermilk, had been mixed and packed with 
the article so as to reduce or lower or injuriously affect its quality or strength, 
and had been substituted in whole or in part for the article.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article. Misbranding was alleged with 
respect to the three labeled barrels of the product for the reason that the follow- 
ing statements appearing in the labeling were false and misleading and tended 
to deceive and mislead the purchaser: " Condensed Buttermilk Guaranteed 
Analysis Protein * * * 10.00%; Fat * * * 2.00; * * * Total Solids 
27.00."
On March 15, 1934, the Merchants Creamery Co., Inc., Cincinnati, Ohio, hav- 
ing appeared as claimant for the property, judgment of condemnation and 
forfeiture was entered, and it was ordered by the court that the products be 
released to the claimant upon payment of costs and the execution of a bend in 
the sum of $150, conditioned that it should not be disposed of contrary to law. 
The product was reworked to a satisfactory consistency.
M. L. WILSON, Actiriff Secretary of Agriculture.