10786. Misbranding of condensed buttermilk emulsion.   U. S. v. 8 Palls, etc., and
3 circulars.   (F. D. C. No. 18327.   Sample No. 19294-H.)
LIBEL FILED :   November 5,1945, Southern District of Iowa.
ALLEGED SHIPMENT :   From La Harpe, Ill., by the La Harpe Creamery Co.   The
product was shipped on or about September 3, 1945, and the circulars were
shipped during the summer of 1944.
PRODUCT: 8 50-pound pails, 2 barrels, and 11 kegs of condensed buttermilk 
emulsion, and 3 circulars entitled "C. B: E. the Quick Way to Profit," at Bur- 
lington, Iowa. Analysis showed that the product contained less protein than 
declared on its label.
LABEL IN PART:    "C. B. E.  (Condensed Buttermilk Emulsions) Analysis Pro- 
tein, not less than 9.0% [or "Protein, not less than 11.0%"]    *   *   *   Ingredi- 
, ents:   Condensed Buttermilk, Whey, Wheat Germ, Cod Liver Oil." 
NATURE OF CHARGE:   Misbranding, Section 403 (a), the label statements "Pro- 
tein, not less than 9.0%" and "Protein, not less than 11.0%" were false and
misleading since the article did not contain the stated amount of protein; 
and certain statements in the circulars were false and misleading since they 
represented and suggested that the article would be effective to insure healthy, 
profitable poultry, to increase egg production, and to correct or prevent necro 
in swine, whereas the article would not be effective for those purposes.
The article was alleged also to be misbranded under the provisions of the 
law applicable to drugs, as reported in notices ¦ of judgment on drugs and 
devices, No. 1748.
DISPOSITION : January 3,1946. No claimant having appeared, judgment of con- 
demnation was entered and the product and circulars were ordered destroyed.
FISH AND SHELLFISH