6308. Adulteration and inJss'forandimg of evaporated milt. IT. S. * * x v. 
66 Cases of Evaporated Mill*. Consent decree of condemnation 
and forfeiture. Product ordered released Ša bond. (F. & D. No. 
7755.    I.  S. No. 21231-ia.    S. No. W-144.)
On October 21, 1916, the United States attorney for the western district of 
Washington, 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 66 cases of evaporated milk, remaining unsold in the original 
unbroken packages at Seattle, Wash., alleging that the article had been shipped 
on or about October 1,1916, by J. B. Lincoln & Co., a corporation, Seattle, Wash., 
and transported from the State of Washington into the Territory of Alaska, and 
thereafter reshipped to the State of Washington, and charging adulteration 
and misbranding in violation of the Food and Drugs Act. The article was 
labeled in part: " Mt. Vernon Evaporated Milk, Mt. Vernon Cream Co. Seattle 
Washington."
Adulteration of the article was alleged in the libel for the reason that partly 
evaporated milk had been substituted wholly for said article.
Misbranding was alleged in substance for the reason that the statement on 
the label, to wit, " Evaporated Milk," was false and misleading, and such as to 
deceive and mislead the purchaser in that the article was an imitation of, and 
offered for sale under the distinctive name of, another article, to wit, " Evapo- 
rated Milk," when, in truth and in fact, said product was only partly evaporated 
milk.
On November 20, 1916, John B. Agen Co., Seattle, Wash., claimant having 
admitted the allegations of the libel, judgment of condemnation and forfeiture 
was entered, and it was ordered by the court that the product be redelivered 
to said claimant upon the payment of the costs of the proceedings and the 
execution of a bond in the sum of $500, in conformity with section 10 of the 
act, conditioned in part that the containers of the article should be relabeled 
under the supervision and in accordance with the requirements of the Depart- 
ment of Agriculture.
E. A. PEAESON, Acting Secretary of Agriculture.