107. Misbranding of Howard's Buttermilk. Cream.    U. S. v. 109 Dozen Packages
of Howard's Buttermilk Cream. Decree of condemnation. Product 
ordered released under bond to foe relabeled. (F. D. C. No. 7889. Sample 
No. 95206-B.)
On July 14, 1942, the United States attorney for the Northern District of 
California filed a libel (amended August 10, 1942) against 109 dozen packages 
of Howard's Buttermilk Cream at San Francisco, Calif., alleging that the 
article had been shipped in interstate commerce on or about April 24, 1942, by 
the Howard Bros. Chemical Co. from Buffalo, N. Y.; and charging that it was 
misbranded.
Analysis of a sample of the article showed that it consisted essentially of 
stearic acid, water, buttermilk, and a small amount of borax. The contents of 
the tube were found to weigh approximately 2% ounces avoirdupois.
The article was alleged to be misbranded in that certain statements in a 
leaflet entitled "Howard's Buttermilk Cream Soap," and in a leaflet entitled 
"How to Beautify With Howard's Butybring Products Howard's Buttermilk 
Cream," enclosed in the carton containing the article, represented and suggested 
that it would be effective to clear the skin and would clear and revivify a 
neglected or impoverished skin; that it woul& smooth wrinkles and make old, 
hardened, coarse skin become fresh, soft, and youthful looking; that it would 
keep the skin in perfect condition; that it would smooth and clear dull and life- 
less complexions; and that it would build up the throat, were false and mislead- 
ing since the article would not be effective for such purposes. It was alleged to 
be misbranded further in that it was in package form' and its label failed to 
bear an accurate statement of the quantity of the contents, since the statement on 
the carton, "Net'Wgt. 1% Oz.," was incorrect.
On November 21, 1942, the Howard Bros. Chemical Co. having appeared as 
claimant, judgment of condemnation was entered and the product was ordered 
pleased under bond, conditioned that it be relabeled by correcting the carton 
labeling and removing the enclosed leaflets, under the supervision of the Food 
and Drug Administration.