26057. Misbranding of malted milk.     U. S. v. 34 Cases of Malted Milk.     Default
decree of condemnation.    Product delivered to a charitable Institution.
(F. & D. no. 37558.    Sample no. 59363-B.)
This product was represented to be chocolate-flavored malted milk contain- 
ing appreciable amounts of skim milk and eggs. Examination showed that it 
contained little or no malted milk, skim milk, or egg.
On April 6, 1936, the United States attorney for the Southern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 34 cases of chocolate- 
flavored sweetened malted milk at Los Angeles, Calif., alleging that the article 
had been shipped in interstate commerce on or about December 21, 1935, by the 
General Desserts Corporation, from New York, N. Y., and charging misbrand- 
ing in violation of the Food and Drugs Act. The article was labeled in part: 
"Lovely Chocolate Flavored Sweetened Malted Milk * * * containing the 
nourishing elements of Malted Milk, cane sugar, choice grade of cocoa, par- 
tially de-fatted milk and eggs. * * * Guaranteed as a 100% pure food 
which meets all pure food law requirements. General Desserts Corp., N. Y. O. 
U. S. A."
The article was alleged to be misbranded in that the statements on the label, 
"Malted Milk", "Chocolate Flavored Sweetened Malted Milk"—wherever it 
appeared on the label—"containing the nourishing elements of Malted Milk 
* * * partially de-fatted milk; eggs", and "Guaranteed as a One hundred 
per cent pure food which meets all pure food law requirements", were false 
and misleading and tended to deceive and mislead the purchaser.
On May 4, 1936, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be turned over to some 
charitable institution.
W. R. GBEGQ, Acting Secretary of Agriculture.