NOTICE OF JUDGMENT NO. 2520.
(Given pursuant to section 4 of the Food and Drugs Act.)
U.   S.   v.   10   Barrels   Nutromalt.    Decree   of   condemnation,   by   default.
Good* ordered destroyed.
MISBRANDING OF  NUTROMALT.
On January 15, 1912, the United States Attorney for the Western 
District of Tennessee, acting upon a report by the Secretary of Agri- 
culture, filed in the District Court of the United States for said dis- 
trict a libel for the seizure and condemnation of 10 barrels of " Nutro- 
malt," remaining unsold in the original unbroken packages and in 
the possession of Sam Bauman & Co., Memphis, Tenn., alleging that 
the product had been shipped on or about October 28, 1911, by the 
Henderson Brewing Co., Henderson, Ky., and transported from the 
State of Kentucky into the State of Tennessee, and charging mis- 
branding in violation of the Food and Drugs Act. The product was 
labeled: " Nutromalt, Non-Intoxicating. Less than £ of 1% Alcohol. 
(Label Guaranteed) Henderson Brewing Co., Henderson, Ky." 
. Misbranding of the product was alleged in the libel for the reason 
that the labels on the bottles contained in the barrels stated that the 
product contained only one-half of 1 per cent of alcohol, when, in 
truth and in fact, it contained 1 per cent or more than 1 per cent of 
alcohol; and further, the word " Nutromalt " implied that the prod- 
uct was made entirely from malt with no substitute, when, in truth 
and in fact, it was not made wholly from malt, and said label was 
therefore false and misleading to the purchaser, causing him to 
believe that the product was made wholly from malt, and further 
causing him to believe that it contained less than one-half of 1 per 
cent of alcohol.
On November 19, 1912, no claimant having appeared for the prop- 
erty, judgment of condemnation and forfeiture was entered and it 
was ordered by the court that the product should be destroyed by
the United States marshal.
B. T. GALLOWAY,
Acting /Secretary of Agriculture. 
WASHINGTON, D. C, July 7, 1913.
2864°—No. 2520—13