28181. Adulteration of dairy ration.    J. S. v. 204 Sacks of Dairy Ration.    Decree
of condemnation.    Article released under bond for relabeling;.     (F. & D.
No. 39969.    Sample No. 2605-C.)
This product contained less protein and fat and more fiber than declared.
On July 21, 1937, the United States attorney for the Western District of 
Wisconsin, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 204 sacks of dairy 
ration at Mondovi, Wis., alleging that the article had been shipped in inter- 
state commerce on or about April 12, 1937, by the Northern Oats Co., from 
Minneapolis, Minn., and charging misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: (Front of tag) "16% Dairy Ration 
Manufactured By Commercial Research Lapp 'Laboratories * * * Minne- 
apolis,   Minnesota";    (reverse   side)    "Analysis:   Protein 16%   Fat 3%
Fibre 12%."
The article was alleged to be misbranded in that the statements borne on 
the label were false and misleading and tended to deceive and mislead the 
purchaser since it contained less protein and fat and more fiber than declared.
On October 2, 1937, the Northern Oats Co., Inc., having appeared as claimant 
and having admitted the allegations of the libel, judgment of condemnation 
was entered. And it was ordered that the product be released under bond 
conditioned upon relabeling.
HARRY L. BROWN, Acting Secretary of Agriculture.