5573. Misbranding of Egg-O-Milk Co.'s Blend.    V. S. v. 32 Sacks of Egrgr-O-Milk
Co.'s blend. Default decree of condemnation. Product ordered delivered 
to a Trelfare organization for use as animal feed. (F. D. C. No. 9738. 
Sample No. 27604-F.)
Analysis showed this product to consist essentially of soybean flour, barley and 
wheat flour, and a small amount of yellow corn meal.
On or about April 8, 1943, the United States attorney for the Western District 
of Virginia filed a libel against 32 sacks of an article labeled in part: "Egg-Oris 
Co.'s Blend," alleging that the article had been shipped in interstate commerce on 
or about December 30, 1942, by the Hood Mills Co., from Baltimore, Md.; and 
charging that it was misbranded. The article was labeled in part: (Tag) 
"Egg-O-Milk Co.'s Blend. * *' *¦ Egg-O-Milk Co., Manufacturers P. Fred'k 
Obrecht & Son, Distributors, Baltimore, Md."
The article was alleged to be misbranded in that the name of the product, 
"Egg-O-Milk Co.'s Blend," was misleading since it was formerly sold under the 
. name "Egg-O-Milk," and the said name represented and suggested that it consisted 
/essentially of egg and milk, whereas it did not.consist essentially of egg and 
milk. It was alleged to be misbranded further in that the statements appearing 
on the label, "Dried Buttermilk, Dried Skim Milk, Malt Flour (Wheat Malt, 
Barley Malt, Soy Malt) Powdered Egg-Yolk, Yeast," were false and misleading 
as applied to a product containing little or no dried buttermilk, dried skim milk, 
powdered egg yolk, or yeast.
On October 26, 1943, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered to a welfare organization for 
use as animal feed.