29468. Adulteration and misbranding of dog food.    U. S. v. 211 Cases of Dog
Food.     Default decree of condemnation and destruction.     (F. & D. No.
42906.   Sample No. 24367-D.)
This product was deficient in protein and contained added water.
On June 10, 1938, the United States attorney for the Southern District of 
Indiana, acting upon «. report by the Secretary of Agriculture, filed in the 
district court a libel spraying seizure and condemnation of 211 cases of dog food 
at Indianapolis, Ind.; alleging that the article had been shipped in interstate 
commerce on or about May 2, 1938, by the Banner Packing Co., of Des Moines, 
Iowa, from Chicago, Ill.; and charging adulteration and misbranding in viola- 
tion of the Food and Drugs Act. The article was labeled in part: "Blue Cross 
Dog Food   *   *    *   General Laboratories, Inc., Des Moines, Iowa."
Adulteration was alleged in that a substance deficient in protein and con- 
taining added water had been substituted in whole or in part for the -article.
Misbranding was alleged in that the following statements in the labeling 
were false and misleading and tended to deceive and mislead the purchaser 
when applied to a product consisting of approximately 75 percent water and 
which contained only
" 7.74-percent of protein: "'* * * it Is everything— 
it Has everything I need.' This wholesome food is correctly balanced for the 
feeding of dogs and cats. Contains .only red muscle meat from beef and horse— 
combined with bone, bone marrow, parts of wheat, soya flour, rolled oats, car- 
rots,, with salt, potassium iodide, cod liver oil and charcoal added. Guaranteed 
Analysis Crude Protein (Min.) 12%."
On August 18, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.