4144. Misbranding of vegetable oleomargarine. U. S. v. 86 Cartons and 97 Cases 
of Vegetable Oleomargarine. Decree of condemnation. Portion of prod- 
uct ordered denatured and sold for technical purposes. Remainder or- 
dered released under bond for reprinting and repackaging.     (F.  D:  C. >
Nos. 7882, 8015.   Sample Nos. 91963-E, 9208-F.)
On July 10 and 28, 1942, the United States attorneys for the Northern and 
Southern Districts of Alabama filed libels against 86 cartons of vegetable oleo- 
margarine at Birmingham, Ala., and 97 cases of vegetable oleomargarine at 
Mobile, Ala., alleging that the article had been shipped in Interstate commerce on 
or about June 1 and 19;, 1942, by the Miami Margarine Co. from Cincinnati, 
Ohio, and charging that it was misbranded. It was labeled in part: (Retail 
carton) "Delmar Vegetable Oleomargarine," or "Nu-Maid Vegetable Oleomar- 
garine."
The portion of the article located at Birmingham was alleged to be mis- 
branded in that it purported to be and was represented as a food for which a 
definition and standard of identity had been prescribed by regulation promulgated 
pursuant to law, and it failed to conform to such definition and standard since 
it contained less than 80 percent of fat and such regulation requires that 
oleomargarine contain not less than 80 percent of fat. The portion located at 
Mobile was alleged to be misbranded in that the statement onthe carton label, 
"1 Pound Net Weight," was false and misleading since the weight was less than 
that declared. .-¦ . ¦:.-. \-.:'J\ 
¦: --i-z'-
On August 7.1942, the Miami Margarine Co., claimant for the product seized at 
Mobile, having admitted the allegations of the libel, judgment of condemnation 
was entered and the product was ordered released under bond to be reprinted 
or repackaged under the supervision of the Food and Drug Administration.
On September 10,1942, no claimant having appeared for the product located at 
Birmingham, judgment of condemnation was entered and it was ordered de- 
natured and sold to rendering plants to be manufactured into glycerine or other 
product to be used for war purposes.