F.  & D.  No.  2912.
S. No. 1052.	
Issued January 11, 1913.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1865.
(Given pursuant to section 4 of the Food and Drugs Aet.)
MISBRANDING OF CONDENSED MILK.
On September 18, 1911, the United States Attorney for the North??
ern District of Texas, acting upon a report by the Secretary of Agri??
culture, filed in the District Court of the United States for said?
district a libel for the seizure and condemnation of 45 cases, each?
containing 6 cans supposedly of 1 gallon capacity each of condensed?
milk, remaining unsold in the original unbroken packages in the?
possession of J. A. Cressey, doing business under the name of the?
Cressey Ice Cream Factory, Dallas, Tex., alleging that the product?
had been shipped on July 27,1911, by the M. & O. Milk Co., St. Louis,?
Mo., and transported from the State of Missouri into the State of?
Texas, and charging misbranding in violation of the Food and Drugs?
Act. The product was labeled: "Everybody's full cream concen??
trated milk, good all through, evaporated. Made at Waterloo, Illi??
nois, by M. & O. Milk Co. St. Louis, U. S. A., Special for ice cream?
makers, confectioners and restaurants.   Gallon size, six cans to case."
Misbranding was alleged in the libel for the reason that the prod??
uct was labeled as set forth above, whereby each of the cans was?
represented to hold and have therein one gallon of condensed milk,?
when, in truth and in fact, each of the cans did not contain one gal??
lon of condensed milk, but a much less amount, to wit, 12 per cent?
less than one gallon.
On February 24, 1912, no claimant having appeared for the prop??
erty, judgment of condemnation and forfeiture was entered and it?
was also ordered that the product-should be destroyed by the United
States marshal.
W. M. HAYS,?
Acting Secretary of Agriculture.?
WASHINGTON, D. C, October 28, 1912.
66259??-No. 1865?13
WASHINGTON: GOVERNMENT PRINTING   OFFICE:  1913