6920. Adulteration and misbranding of evaporated millc. U. S. * * * v.?
1,000 Cases of * * * Evaporated Millc. Consent decree of con??
demnation   and    forfeiture.     Product    ordered   released    on   bond.
(F. & D. No. 9276. I. S. Nos. 6125-r, 6126-r. S. No. C-965.)?
On or about August 30, 1918, the United States attorney for the Eastern Dis??
trict of Illinois, acting upon a report by the Secretary of Agriculture, filed in?
the District Court of the United States for said disti-ict a libel for the seizure?
and condemnation of 1,000 cases of evaporated, milk, consigned by the Aviston?
Flour Co., New Orleans, La., remaining unsolu in me original unbroken pack-
J. 6001-6050]       SERVICE AND REGULATORY ANNOUNCEMENTS.	399
ages at Aviston, 111., alleging that the article had been shipped on or about?
August 7, 1918, and transported from the State of Louisiana into the State of?
Illinois, and charging adulteration and misbranding in violation of the Food and?
Drugs Act. The article was labeled in part, " Our Best Brand Evaporated?
Milk, Aviston Condensed Milk Co., Aviston, 111."
Adulteration of the article was alleged in the libel for the reason that?
partially evaporated milk had been mixed and packed therewith so as to reduce?
and lower and injuriously affect its quality and strength, and had been sub??
stituted in part for the article.
Misbranding of the article was alleged in substance for the reason that the?
statement borne on the labels of the cans, to wit, " Evaporated Milk," was?
false and misleading and deceived and misled the purchaser. Misbranding of?
the article was alleged for the further reason that it was an imitation of, and?
was offered for sale under the distinctive name of, another article, to wit,?
evaporated milk.
On September 18, 1918, the case having been submitted on the libel and the?
answer and claim of the Aviston Condensed Milk Co., claimant, 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 $2000, in?
conformity with section 10 of the act.
C. F. MARVIN, Acting Secretary of Agriculture.