NOTICE OF JUDGMENT NO. 2457.
(Given pursuant to section 4 of the Food and Drugs Act.)
IT.   S.  v. P.  E.  Sharpless  Co.   Trial by the  court.   Finding-  of  guilty.   Fine,
$20 and costs.
MISBRANDING OF EVAPORATED MILK.
On November 4, 1912, the United States Attorney for the District 
of Maryland, acting upon a report by the Secretary of Agriculture, 
filed in the District Court of the United States for said district an- 
information against the P. E. Sharpless Co., a corporation, doing 
business at Rising Sun, Md., alleging shipment by said company, 
in violation of the Food and Drugs Act, on October 31, 1911, from 
the State of Maryland into the State of New Jersey, of a quantity of 
evaporated milk which was misbranded. The product was labeled: 
(On tag) " For Olympia Candy Co., 771 Broad Street, Newark, N. J. 
Prepaid. * * * P. E. Sharpless Co. Evaporated Blended Milk. 
Rising Sun, Md.    *    *    *"
Analysis of a sample of the product by the Bureau of Chemistry 
of this Department showed the following results: Water, 65.50 per 
cent; fat, 5.27 per cent; proteins, 11.82 per cent; lactose, etc., by dif- 
ference, 14.91 per cent; lactose, by polariscope, 15.2 per cent; ash, 
2.50 per cent; total solids, 34.50 per cent; per cent fat in solids, 15.27; 
ratio proteins to fat, 1:0.446. Misbranding of the product was 
alleged in the information for the reason that it was stated upon 
the tag attached to the can containing said product that it was evap- 
orated blended milk, which said statement was false and misleading, 
in that the product was not evaporated blended milk, but was on the 
contrary merely evaporated skimmed milk. Misbranding was alleged 
for the further reason that the product was labeled so as to deceive
96827°—No. 2457—13
and mislead the purchaser in that it was labeled " Evaporated 
Blended Milk," whereas in truth and in fact it was not so, but was 
on the contrary evaporated skimmed milk.
On January 14, 1913, the case having come on for trial before the 
court without the intervention of a jury, a finding of guilty was made 
by the court and a fine of $20 and costs was imposed.
B. T. GALLOWAY, 
Acting Secretary of Agriculture. 
WASHINGTON, D. C., May £4, 1913.
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