10777. Misbranding of condensed buttermilk.    U. S. v. Nashville Buttermilk Co.
and Neil Hunt. Pleas of nolo contendere. Fine of $100 against each 
defendant.    (F. D. C. No. 17832.    Sample Nos. 2764-H, 4609-H.)
INDICTMENT RETURNED : On July 24, 1946, Middle District of Tennessee, against 
the Nashville Buttermilk Co., a corporation, Nashville, Tenn., and Neil Hunt, 
president—treasurer.
ALLEGED SHIPMENT : February 24 and March 23,1945, from the State of Tennes- 
see into the States of Virginia and New Jersey.
"Condensed Buttermilk For Animal And Poultry Feed Supreme Brand 
Manufactured For Herbert K. Clofine   Philadelphia, Pa."
NATURE OF CHARGE : Misbranding, Section 403 (a), (portion of product) the label 
statements "Buttermilk Equal to Any—Superior to Many Pure Creamery 
•Buttermilk Condensed to a Semi-Solid Solids 27%—Protein 10%—Fat 2% 
* * * It is All Pure Buttermilk" were false and misleading. These state- 
ments represented that the article was condensed buttermilk and that it con- 
tained 27 percent of solids, 10 percent of protein, and 2 percent of fat. The 
article was not condensed buttermilk but was a substance containing starch, 
and it contained less than 27 percent of solids, less than 10 percent of protein, 
and less than 2 percent of fat.
Further misbranding, Section 403 (a), (remainder of product) the label 
statements "Condensed Buttermilk * * * Made by condensing liquid 
creamery buttermilk * * * Protein 10%" were false and misleading. These 
statements represented that the article was condensed buttermilk, a substance 
not containing added starch, and that it contained 10 percent Of protein. The 
article was not condensed buttermilk but was a substance containing added 
starch, and it contained less than 10 percent of protein.
DISPOSITION : October 9, 1946. Pleas of nolo contendere having been entered 
on behalf of both defendants, the court imposed a fine of $50 on each count 
against each defendant, a total fine of $200.