28555. Evaporated milk. (F.D.C. No. 47614. S. No. 53-359 T.) QUANTITY : 56 cases, each containing 48 cans, at Milwaukie, Oreg. SHIPPED: 2-14-62 and 2-28-62, from Mount Vernon, Wash., by Carnation Co. LABEL IN PART : (Can) "Special Mdrning Vitamin D Content Increased Evapo- rated Milk * * * Net Wt. 14% Ozs. * * * Dist. by Morning Milk Company Salt Lake City, Utah * * * Vitamin D 25 U.S.P. units added per fluid ounce. Each reconstituted quart * * * provides 400 U.S.P. units." RESULTS OF INVESTIGATION: Examination showed that the article contained approximately 40 percent of the declared amount of vitamin D. The article failed to conform to the definition and standard of identity for evaporated milk with vitamin D increased which requires not less than 25 U.S.P. units of vitamin D per fluid ounce. LIBELED : On or about 5-25-62, Dist. Oreg. CHARGE : 402(b) (1)—when shipped, the valuable constituent, namely, vitamin D, had been in part omitted or abstracted from the article; 403(a)—the label statements "Vitamin D 25 U.S.P. units added per fluid ounce" and "Each reconstituted quart * * * provides 400 U.S.P. Units" were false and misleading as applied to a product containing less than the declared amount of vitamin D; 403(g) (1)—the article failed to conform to the definition and standard of identity for vitamin D content increased evaporated milk. 686>-185—63 3