6707. Adulteration and misbranding: of evaporated milk. V. S. * * * v.?
125 Cases, 150 Cases, 99 Cases, and 3 00 Cases of Evaporated. Milk.?
Consent decrees of condemnation and forfeitnre. Prodtiet ordered?
released on bond. (F. & D. Nos. 9048, 9049, 9050, ?051. I. S. Nps.?
12135-p, 12137-p, 8004-p.    S. Nos. C-901, C-903, C-895.)
On June 3, 1918, the United States attorney for the Southern District of?
Iowa, acting upon a report by the Secretary of Agriculture, filed In the Dis??
trict Court of the United States for said district libels praying the seizure and?
condemnation of 125 cases and 150 cases, each containing 48 cans; 99 cases,?
each containing 72 cans; and 100 cases, each containing 72 cans of evaporated?
milk at Keokuk, Iowa, alleging that the article had been shipped on or about?
April 26, 1918; March 5, 1918; February 14, 1918; and April 1, 1918, by the?
Kahoka Evaporated Milk Co., Kahoka, Mo., and transported from the State of?
Missouri into the State of Iowa, and charging adulteration and misbranding in?
violation of the Food and Drugs Act as amended. The article was labeled in?
part, " Kahoka Brand Evaporated Milk * * * is prepared from pure milk?
and evaporated to the consistency of creamy milk.'* (
Adulteration of the article in each shipment was alleged in the libels for the?
reason that partially evaporated milk had been substituted for evaporated?
ihilk, which the article purported to be.
Misbranding of the article in each shipment was alleged for the reason that?
it was an imitation of, and was offered for sale under the distinctive name of,?
another article, to wit, evaporated milk; and for the further reason that the?
statement, to wit, " Evaporated Milk," was false and misleading and deceived?
and misled the purchaser.
Misbranding of-the article in the shipments on February 14, 1918, and April?
1, 1918, was alleged for the further reason that jt was food in package form,?
and the quantity of the contents was not plainly and conspicuously marked on?
the outside of the package in terms of weight, measure, or numerical count.
On September 18, 1918, J. Trump & Sons Mercantile Co., Kahoka, Mo., claim??
ant, having admitted the truth of the allegations of the libel and consented to a?
deci-ee, judgments of condemnation and forfeiture were entered, and it was?
ordered by the court that the pr#duct should be released to said claimant upon?
the payment of the costs of the proceedings and the execution of bonds in the?
aggregate sum of $4,000, in conformity with section 10 of the act, conditioned,?
in part that the product should be relabeled so as to show that it was partially?
evaporated milk.
J. R. RIGGS, Acting Secretary of Agriculture,
N. J. 6701-C750.]      SERVICE AND REGULATORY ANNOUNCEMENTS.	237