8376. Misbranding of skim milk powder.   IT. S. v. 25 Drums of Skim Milk Powder.
Consent decree of condemnation.   Product ordered released under bond.
(F. D. C. No. 15059.   Sample No. 90274-F.)
LIBEL FILED :    January 16,1945, Eastern District of Illinois. 
ALLEGED SHIPMENT:    On or about December 5, 1944, by the Pevely Dairy Co.. 
from St. Louis, Mo.
PRODUCT: 25 drums, each containing approximately 70 pounds, of skim milk 
powder at East St. Louis, Ill.
to be and was represented as nonfat dry milk solids, or defatted milk solids, 
a food for which a definition and standard of identity has been prescribed, 
and it failed to conform to such definition and standard since it was not made 
from sweet milk of cows but was made from neutralized sour skim milk, and 
since it contained over 5 percent by weight of moisture; and Section 403 (g) 
(2), (unlabeled drums only) the label failed to bear the name of the food speci- 
fied in the definition and standard.
Further misbranding, Section 403- (e) (1), (unlabeled drums only) the 
product was a food in package form and it failed to bear a label containing 
the name and place of business of the manufacturer, packer, or distributor; 
and, Section 403 (e) (2), (all drums) it failed to bear a label containing 
an accurate statement of the quantity of the contents.
DISPOSITION : January 30, 1945. The Pevely Dairy Co., St. Louis, Mo., claim- 
ant, having admitted the allegations of the libel, judgment of condemnation 
was entered and the product was ordered released under bond for use in 
stock feeding, under the supervision of an officer of the Federal Security 
Agency.
EGGS