3919. Misbranding of Avoset  Stabilized Cream. "U. S. v. 199 Cases  of Avoset. .
Default   decree   of   condemnation.    Product   ordered   destroyed   or   de- 
livered to a public institution.    (F. D. C. No. 7859.    Sample No. 61942-E.)
On July 6, 1942, the United States attorney for the District of Oregon filed a 
libel against 199 cases, each containing 36 halfrpint bottles of the above-named 
product at Portland, Oreg., alleging that the article had been shipped in interstate 
commerce on or about May 18,1942, by Avoset, Inc., from San Francisco, Calif.; 
and charging that it was misbranded.
The article was alleged to be misbranded in that the statement "30 Per Cent 
Butterfat," appearing in the labeling, was false and misleading, since it- contained 
less than 30 percent of butterfat; and in that the statement "Stabilized Cream It 
Keeps," appearing in the labeling, was false, since it suggested that stabilization 
would keep the article from spoiling, and that it would keep until used, whereas 
stabilization would not keep it from spoiling and the article would not keep until 
used, but, after opening, must be kept under refrigeration.
On August 10, 1942, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed or delivered to a public; 
institution.