16524. Adulteration and misbranding of Simmons Pail-O-Melk.   U. S. v. 40
Drums   *    *   *.    (F. D. C. No. 29330.    Sample No. 72744-K.)
LIBEL FILED :   May 19,1950, Southern District of Ohio.
ALLEGED SHIPMENT : On or about April 26, 1950, by Stock-Gro, Inc., from May- 
ville, Wis.
PRODUCT:   40 25-pound drums of Simmons Pail-O-Melk at Coshocton, Ohio.
LABEL IN PART: (Drum) "Simmons Pail-O-Melk For Calves Analysis Per 
Pound (minimum) * * * Protein 25% Fat 2% * * * In- 
gredients : Non-Fat Dried Milk Solids, Alfalfa Leaf Meal, Ground Boiled Oats, 
Soy Bean Meal, Wheat Germ, Vitamin A Feeding Oil, Mixed Minerals."
NATURE OF CHARGE: Adulteration, Section 402 (b) (1), valuable constituents, 
namely, protein, fat, alfalfa leaf meal, rolled oats, soybean meal, wheat germ, 
and mixed minerals, had been in whole or in part omitted or abstracted from 
the article.
Misbranding, Section 403 (a), the label statements "Analysis Per Pound: 
(Minimum) * * * Protein 25% Fat 2% * * * Ingredi- 
ents : * * * Alfalfa Leaf Meal, Ground Rolled Oats, Soy Bean Meal, Wheat 
Germ * * * Mixed Minerals * * *" were false and misleading since 
the article contained less than the declared amounts of protein and fat and 
no detectable amounts of alfalfa leaf meal, ground rolled oats, soybean meal, 
wheat germ, and mixed minerals; and, Section 403 (i) (2), the article was 
fabricated from two or more ingredients, and its label failed to bear the com- 
mon or usual name of each such ingredient since the presence of yellow corn 
meal was not declared.
DISPOSITION : July 24,1950. Default decree of condemnation. The court ordered 
that the product be delivered to a Federal institution, for use as stock feed.