10776. Adulteration and misbranding of evaporated milk.    U. S. y. 186 Cases
*    *    *.    (F. D. C. No. 19080.   Sample No. 19437-H.)
LIBEL FILED:   February 7, 1946, District of Minnesota.
ALLEGED SHIPMENT: On or about December 15, 1945, by Fort Dodge Creamery 
Co., from Fort Dodge, Iowa.
PRODUCT: 186 cases, each containing 48 14 ounce cans, of evaporated milk 
at Minneapolis, Minn.
LABEL IN PART : "Jack Sprat Brand Evaporated Milk * * * Contains not 
less than 325 U. S. P. Vitamin D Units (25 Units Per Fid. Oz.)."
NATURE OF CHARGE: Adulteration, Section 402 (b) (1), a valuable constituent, 
vitamin D, had been in part omitted from the article.
Misbranding, Section 403 (a), the label statement "Contains not less than 
325 U. S. P. Vitamin D Units (25 Units Per Fid. Oz.)" was false and misleading 
as applied to the article, which contained less than the stated amount of 
vitamin D.
DISPOSITION : September 5,1946. The Western Grocer Co., Marshalltown, Iowa, 
having consented to the entry of a decree, judgment of condemnation was 
entered and the product was ordered released under bond to be relabeled under 
the supervision of the Federal Security Agency.