S. No. 346.
F. & D. No. 954.	
Issued March 17, 1Q10.
United States Department of Agriculture,
OFFICE   OF   THE   SECRETARY.
NOTICE OF JUDGMENT NO. 211, FOOD AND DRUGS ACT.
ADULTERATION  AND   MISBRANDING   OF  MILK  FLOUR.
In accordance with the provisions of section 4 of the Food and?
Drugs Act of June 30, 1906, and of regulation 6 of the rules and regu??
lations for the enforcement of the act, notice is given that on the 5th?
day of November, 1909, in the District Court of the United States?
for the Eastern District of Pennsylvania, judgment was rendered in?
the case of the United States v. 5 Barrels of Milk Flour Product,?
wherein a libel was filed under section 10 of the aforesaid act, alleging,?
in substance, that five barrels of a product labeled "?. Behrend, 54?
Front St., N. Y. Pure Vacuum dried Milk Flour, containing 5 per?
cent. Butter Fat", and which had been shipped from the State of?
New York to the State of Pennsylvania and which were in the juris??
diction of the court in original and unbroken packages, were adul??
terated, in that a valuable constituent thereof, to wit, upward of 3?
per cent, of butter fat, had been abstracted therefrom; and which?
were misbranded in that said barrels were labeled so as to deceive?
and mislead the purchasers thereof with reference to the proportion?
of butter fat contained in said product.
The libel prayed process against all claimants to said five barrels?
of milk flour and seizure and condemnation of the same. H. J.?
Kuhnle Company appeared as claimants and filed an answer to the?
libel, substantially admitting the allegations thereof, whereupon the?
court rendered the following decree:
IN THE DISTRICT COURT OP THE UNITED STATES FOR THE EASTERN DISTRICT OF
PENNSYLVANIA.
UNITED STATES OF AMERICA?1
v.?
[No. 9 of 1909.
FIVE BARRELS OF MILK FLOUR PRODUCTJ
LIBELS FOR CONDEMNATION.
Before HOLLAND, /.: And now, to wit, this fifth day of November, A. D. 1909, on?
motion of Henry S. Drinker, Jr., Esq., Attorney for H. J. Kuhnle & Company, the?
claimant in the above entitled cause, J. Whitaker Thompson, Esq., Attorney of the?
United States for the Eastern District of Pennsylvania, being present and consenting
29851?10
thereto, and it appearing to the Court that upon the libel filed therein on the sixteenth?
day of October, A. D. 1909, a warrent of attachment was duly issued and served and the?
respondent was cited to appear on the fifth day of November, A. D. 1909; that by virtue?
of said warrant the United States Marshal for the Eastern District of Pennsylvania?
seized the property mentioned in said libel, to wit: Two Barrels of Dried Milk Flour?
labeled and branded as set forth in said libel, the said property having been in the?
possession and custody of H. J. Kuhnle & Company; and that under date of Novem??
ber 5, A. D. 1909, the said respondent filed an answer to said Libel, substantially admit??
ting the acts as averred therein, but denying any intention on the part of said respond??
ent to transgress or evade the laws of the United States, and consenting to the prayer?
thereof and agreeing to the condemnation of said property.
It is ordered, adjudged and decreed that the said property, to wit: Two Barrels of?
Dried Milk Flour, labeled and branded as set forth in said libel, is misbranded in?
violation of the Act of Congress approved the thirtieth day of June, A. D. 1906, as set?
forth in said Libel.
And it is further ordered that the said property, to wit: the said Two Barrels of, Dried?
Milk Flour, labeled and branded as set forth in said Libel, be and the same is hereby?
condemned and ordered to be disposed of by sale as prayed for in the said Libel, and?
as provided for in the said Act of Congress approved the thirtieth of June, A. D., 1906.
And it is further ordered that the proceeds of said sale, less the legal costs and charges,?
shall be paid into the Treasury of the United States.
Provided, however, that upon the payment of all the costs of the proceedings herein,?
and upon the execution and delivery to the libellant by the said H.J. Kuhnle, trading?
under the firm name of H. J. Kuhnle & Company, of a good and sufficient bond in the?
sum of One Hundred Dollars ($100.00), conditioned that the said Two Barrels of Dried?
Milk Flour, labeled and branded as set forth in said Libel, shall not be sold or other??
wise disposed of contrary to the provisions of said Act of Congress approved the thir??
tieth day of June, A. D., 1906, the said Marshal shall redeliver the said Two Barrels?
of Dried Milk Flour, labeled and branded as set forth in said Libel, to the said H. J.?
Kuhnle, trading under the firm name of H. J. Kuhnle & Company, in lieu of disposing?
of the said property by sale as aforesaid, the said costs to be paid and the said bond to?
be filed herein, if at all, within five days from the date of this Order.
By the Court.
The facts which preceded the filing of the libel were as follows:?
On or about October 14, 1909, an inspector of the United States?
Department of Agriculture found in the possession of H. J. Kuhnle?
Company, Philadelphia, Pa., five barrels of the product labeled as?
heretofore described, which had been shipped to said dealer by?
F. Behrend, of New York City, N. Y. Samples taken from this con??
signment were analyzed in the Bureau of Chemistry of the United?
States Department of Agriculture and found to have been manu??
factured from a closely skimmed milk and to contain only between?
1 per cent, and 2 per cent, butter fat. The analysis having disclosed?
an adulteration and a misbranding of the product the Secretary of?
Agriculture, on October 15, 1909, reported the facts to the United?
States attorney for the Eastern District of Pennsylvania, who filed?
the above libel, with the results hereinbefore stated.
JAMES WILSON,?
Secretary of Agriculture.?
WASHINGTON, D. C, February 19,1910.
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