7050. Misbranding1 of evaporated mills. TJ. S. * * * v. J. Tvnrap & Sons 
Mercantile Co., a corporation. Plea of guilty to count 6 of infoi'- 
mation. Fine, $50 and costs. Other counts of information nolle 
pressed.     (F. & D. No. 9595.     I. S. No. 12150-p.)
On May 9, 1919, the United States attorney for the Eastern District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information in six 
counts against J. Trump & Sons Mercantile Co., a corporation, Kahoka, Mo., 
alleging shipment by the defendant company, in the sixth count of said infor- 
mation, on or about May 16, 1918, from the State of Missouri into the State 
of Iowa, in Alolation of Uie Food and Drugs Act, of a quantity of an article, 
labeled in part " Kahoka Brand Evaporated Milk," which Avas misbranded.
Analysis of a sample of the article by the Bureau of Chemistry of this depart- 
ment showed the Xollowing results:
Per cent.
Fat  by  Roese-Gottlieb 
7.10
Total solids by drying 
24. 73
Misbranding of the article was alleged in the information for the reason that 
the statement, to wit, " Evaporated Milk," borne on the labels attached to 
the cans containing the article, regarding it and the ingredients and sub- 
stances contained therein, was false and misleading in that it represented that 
the article consisted wholly of evaporated milk, and for the further reason that 
it Avas labeled as aforesaid so as to deceive and mislead the purchaser into the 
belief that it consisted wholly of evaporated milk, whereas, in truth and in 
fact, it did not so consist, but consisted of a mixture composed in part of an 
insufficiently condensed milk IOAV in fat and total solids, and for the further 
reason that it was a mixture composed in part of an insufficiently condensed 
milk product low in fat and total solids prepared in imitation of evaporated 
milk and was offered for sale and sold under the distinctive name of another 
article, to wit, evaporated milk.
On May 26, 1919, the defendant company entered a plea of guilty to said 
sixth count of the information, and the court imposed a fine of $50 and costs. 
A nolle prosequi was entered as to the first five counts of the information.
E. D. BALL, 
Acting Secretary of AgrictiUure.