4874. Adulteration and misbranding of condensed milk. TJ. S. v. 53 Cans of 
Condensed Sweetened Whole Milk. Default decree of condemnation. 
Product Ordered delivered to charitable institutions. (F. D. C. No. 8436. 
Sample No. 14416-F.)
This product contained less than 8.5 percent milk fat
On September 28, 1942, the United States attorney for the Southern District 
of California filed a libel against 53 cases, each case containing 48 Kans.of 
condensed sweetened whole milk at Vernon, Calif., alleging that the article 
had been shipped in interstate commerce on or about November 17, 1941, by 
Dietetic Laboratories, from New York, N. Y.; and charging that it was adulterated 
and misbranded. The article was labeled in part: (Cans) "Condensed Sweet- 
ened Whole Milk * * * Prepared for the: Friesland' Coop. Condensed 
Milk Factory Leeuwarden-Holland."
The article was alleged to be adulterated in that a product deficient in milk 
fat had been substituted wholly or in part for sweetened condensed milk, which 
it purported to be.
It was alleged to be misbranded in that it purported to be and was repre- 
sented as a food for which a definition and standard of identity had been pre- 
scribed by regulations promulgated pursuant to law, and it failed to conform to 
such definition and standard since it contained less than -'8.5 percent milk fat, and 
such definition and standard provides that sweetened condensed milk should 
contain not less than 8.5 percent milk fat. 
On October 29, 1942, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered to one or more local charitable 
institutions.