6914.   Adulteration  and"  B?is'bran^^ilig?  of  cont(en?ed wiiSIi.     TJ.   S.    *    *    *    v.
1,000   Cases   *   *    *   of   Coneilensed   Milk.    Consent   ftectee   of   con??
demnation   and   forfeiture.    Product   o-rdered   released   on   bond,
(F. & D. No. 8837.    I. S. No. 1355-p.    S. No. B-984.)
On February 28, 1918, the United States attorney for the Eastern District of?
New York, 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 1,000 cases, each containing 48 cans of condensed milk, con??
signed on November 14, 1917, remaining unsold in the original unbroken pack??
ages at Brooklyn, N. Y., alleging that the article had been shipped by T. M.?
Stevens, Amity, Ore., and transported from the State of Oregon into the State?
Of New York, and charging adulteration and misbranding in violation of the?
Food and Drugs Act. The article was labeled in part, " Holly Unsweetened?
Condensed Milk Manufactured by Holly Milk & Cereal Co, Portland, Oregon."
Adulteration of the article was alleged in the libel for the reason that a par??
tially condensed milk had been mixed and packed therewith so as to redrace?
and lower and injuriously affect its Quality and strength, asd had1 been substi??
tuted in part for the article.
Misbranding of the article was alleged for the reason that it was aa imitation,?
of, and was offered for sale under the distinctive naiBe of, another article,?
to wit, condensed milk, and for the further reason that the statement, to wit,?
" Condensed Milk," wTas false and misleading, and deceived and misled the?
purchaser into the belief that it was condensed milk, whereas examination?
showed that it was partially condensed milk.
On October S, 1918, Austin, Nichols & Co., a corporation, Brooklyn, N. Y.,?
claimant, having consented to a decree, judgment of condemnation and for??
feiture vvks entered, and it was ordered by the court that the product should
N. J. 6901-6950]       SERVICE  AND REGULATORY ANNOUNCEMENTS.
393
be delivered to said claimant upon the payment of the costs of the proceedings?
and the execution of a bond in the sum of $2,000, in conformity with section?
10 of the act.
C. F. MARVIN, Acting Secretary of Agriculture.