19819. Adulteration   and misbranding of  Pream.   U.  S.  v. 318   Cases * * *
(F. D. C. No. 33589.    Sample No. 36209-L.)
LIBEL FILED :    September 10,1952, Southern District of Ohio.
ALLEGED SHIPMENT: On or about August 4,1952, by the M & R Dietetic Labora- 
tories, from Sturgis, Mich.
PRODUCT:    318 cases, each containing 24 cans, of Pream at Cincinnati, Ohio.
LABEL IN PART: (Can top) "Instant Pream New! Coffee Cream"; (can side) 
"Dream Coffee Cream Product Fresh Cream, Lactose, Non-Fat Milk Solids 
* * * Made By M & R Dietetic Laboratories   Columbus, Ohio."
NATURE or CHARGE: Adulteration, Section 402 (b) (2), a product containing 
substances other than cream, including substances in the nature of lactose, 
had been substituted for coffee cream, which the article was represented to be. 
Misbranding, Section 403 (a), the label statements "Coffee Cream" and 
"Coffee Cream Product" were false and misleading as applied to a product 
which consisted chiefly of lactose, dried milk or cream, and a small amount 
of nonfat dry milk solids; and, Section 403 (g) (1), the article purported to 
be and was represented as coffee cream, a food for which a definition and 
standard of identity has been prescribed by the regulations, and it failed 
to conform to such definition and standard since it contained lactose, dried 
milk or cream, and nonfat dry milk solids, which are not permitted as 
ingredients of coffee cream in the regulations.
DISPOSITION : October 30, 1952. Default decree of condemnation. The court 
ordered that the product be delivered to charitable organizations to be used 
by the inmates as food but not for sale or other use.
EGGS