NOTICE OF JUDGMENT NO. 2546.
(Given pursuant to section 4 of the Food and Drugs Act.)
U. S.  v.  75  Cases  Evaporated  Milk;.    Decree  of  condemnation  by  consent.
Goods released on bond.
MISBRANDING OF EVAPORATED MILK.
On or about February 17, 1913, the United States Attorney for 
the District of Nebraska, acting upon a report by the Secretary of 
Agriculture, filed in the District Court of the United States for said 
district a libel for the seizure and condemnation of 75 cases, each con- 
taining 48 tins of evaporated milk, remaining unsold in the original 
unbroken packages and in possession of the H. P. Lau Co., Lincoln, 
Nebr., alleging that the product had been shipped on or about Octo- 
ber 23, 1912, by Borden's Condensed Milk Co., St. Charles, Ill., and 
transported in interstate commerce from the State of Illinois into the 
State of Nebraska, and charging misbranding in violation of the 
Food and Drugs Act. The product was labeled: " Blackbird brand, 
Unsweetened Evaporated milk. This can contains pure, rich milk 
only, evaporated to the consistency of cream and preserved by per- 
fect sterilization. All disease germs, and those causing milk to fer- 
ment, are destroyed by our perfect sterilizing process, therefore, this 
evaporated milk is an absolutely safe food for all purposes to which 
milk or cream is adapted. Economical and convenient; always ready 
for use. Keep the can in a clean place and take the same care that 
you would with fresh milk and cream. Guaranteed to keep in any 
climate.   Net weight 17 oz."
Misbranding of the product was alleged in the libel for the reason 
that the contents of each of the packages thereof, as to weight and 
measure, were not plainly and correctly stated on the outside of each 
of said packages, in this to wit, the net weight of each of said pack- 
ages was not 17 ounces, as stated on the label of each of them, but,
10453'—No. 2546—IS
in truth and in fact, was but 16.22 ounces, and the product was 
further misbranded in that the statement "Net weight 17 oz.," ap- 
pearing on the label of each of the packages, was false and mislead- 
ing in that it conveyed to purchasers the information that each of the 
packages contained 17 ounces, whereas, in truth and in fact, each of 
said packages contained but 16.22 ounces.
On March 17, 1913, the said H. P. Lau Co., claimant, having con- 
sented to a decree, judgment of condemnation and forfeiture was 
entered, and it was ordered by the court that the product should be 
delivered to said claimant upon payment of all the costs of the pro- 
ceedings and the execution of bond in the sum of $300, in conformity 
with section 10 of the Act.
B. T. GALLOWAY, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, August £8, 1913.
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