7080. j&ttitMeration an-cf misbranding; of evaporate* mi-Ik. IT. S. * * * v. 
IcO'gan. CoiuMereial Co., a- corporation. Plea of g-.jiilty. Pine, $100. 
(P. & D. No. 9656.    I. S. No. 1056-p.)
Oh July 30, 1919, the United States attorney for the District of Oregon, acting; 
upon a report by the Secretary of Agriculture, filed in the District Court of the- 
United States for said' district, an information against the Logan Commercial 
Co., doing business at Newberg, Oreg., alleging shipment by said company, in- 
violation of the Food and Drugs Act, as- amended, on or about Oetober 24, 1917, 
from the State of Oregon into the State of New Jersey, of a quantity of an 
article, labeled in part " Marigold Brand Sterilized Unsweetened Evaporated 
Milk, manufactured by Western Condensed Milk Co., Newberg, Oregon," whi-ck 
was adulterated and misbranded;
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed the following results:
Total solids   (per' cent): , _. 
22.15
Average net weight of '20- eafis' Cownees-)- 
-       151
Adulteration of the article was alleged in the information for the reason that 
a partially evaporated milk had been substituted in whole or in part for 
evaporated milk, which the article purported to be.
Misbranding of the article" was alleged for the reason that the statements, to 
wit, " Evaporated Milk " and " Net Weight 16 Ozs.," borne on the label attached 
to the cans containing the article, regarding it and the substances and ingre- 
dients contained therein, were false and misleading in that they represented 
that the article consisted wholly of evaporated milk, and that the contents of 
each of said cans weighed 16 ounces net, and for the further reason that it was 
labeled as aforesaid so as to deceive and mislead the purchaser into the belief 
that the article consisted wholly of evaporated milk, and the contents of each 
of said cans weighed 16 ounces, whereas, in truth and in fact, it did not consist 
wholly of evaporated milk, but consisted in whole or in part of a partially 
evaporated milk, and the contents of each of said cans did not weigh 16 ounces 
but weighed a less amount. Misbranding of the article was alleged for the fur- 
ther reason that it was food in package form, and the quantity of the contents 
was not plainly and conspicuously marked on the outside of the package.
On August 29, 1919, the defendant company entered a plea of guilty to the 
information, and the court imposed a fine of $100.
E. D. BALL, 
Acting Secretary of Agriculture.