6818. Adulteration and misbranding: of evaporated millc. CT. S. * * * v.?
50 Cases * * * of Alleged Evajiorated Milk. Consent decree of?
condemnation and forfeiture. Product ordered released on l)ond,?
(F. & D. No. 9294.    I. S. Nos. 6125-6120-r.    S. No. C-964.)
On September 10, 1918, the United States attorney for the Eastern District?
Of Oklahoma, 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 50 cases of alleged evaporated milk, remaining unsold in the?
original unbroken packages at Muskogee, Okla., alleging that the article had?
been shipped on August 20, 1918, by the Aviston Flour Co., New Orleans, La.,?
and transported from the State of Louisiana into the State of Oklahoma, and?
charging adulteration and misbranding in violation of the Food and Drugs Act.?
The article wras labeled in part, " Our Best Brand Evaporated Milk * * *?
Aviston Condensed Milk Co., Aviston, Illinois,    *    *    *."
Adulteration of the article was alleged in substance in the libel for the reason?
that partially evaporated milk had been substituted for evaporated milk.
Misbranding of the article was alleged for the reason that it was an imitation?
of, and was offered for sale under the distinctive name of, another article, and?
that the statement, to wit, " Evaporated Milk," was false and misleading, and?
deceived and misled the purchaser into the belief that it was evaporated milk?
and not a substitution for the same.
On November 2, 1918, the Aviston Condensed Milk Co., a corporation, Aviston,?
111., claimant, having filed a claim for the release of the product, judgment of?
condemnation and forfeiture was entered, and it was ordered by the court that?
the product should be delivered to said claimant upon the payment of the?
costs of the proceedings and the execution of a bond in, the sum of $250, in?
conformity with section 10 of the act.
C. F. MARVIN, Acting Secretary of Agriculture.