7036. Adulteration and misbranding? of evaporated milk. T\ S. ' * * v. 
100 Cases of Evaporated SJillv. Consent decree of condemnation 
and foi-feiture. Product ordered released on bond, (F\ & D, No, 
9374.    I, S. No. 11923-p.    S. No. C-018.)
On September 27, 1918, 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 a libel for the seizure and 
condemnation of 100 cases of an article purporting to be evaporated milk, at 
St. Louis, Mo., alleging that the article had been shipped on or about June 8, 
3918, by the Aviston Condensed Milk Co., Aviston, Ill., and transported from 
the State of Illinois into the State of Missouri, and charging adtUteration and 
misbranding in violation of the Food and Drugs Act. The article was labeled 
in part, " ' Purity ' Brand Evaporated Milk " and " Our ' Best' Brand Evapo- 
rated Milk, Net Weight S Lbs."
Adulteration of the article was alleged in the libel in that a substance, to wit, 
partially evaporated milk, had been mixed and packed with the article, to wit, 
evaporated milk, so as to reduce, lower, and injuriously affect its quality and 
strength, and that the partially evaporated milk had been substituted in part 
for evaporated milk.
Misbranding of the article was alleged in that it was an imitation of, and 
was offered for sale under ihe distinctive name of, another article, to wit, 
evaporated milk. Further misbranding was alleged in that the statement on 
the label on the can containing the article, to wit, '" Evaporated Milk," was 
false and misleading in that it purported to be a product known as evaporated
milk, whereas it was evaporated milk mixed with partially evaporated milk. 
Further misbranding of the article labeled " Purity Brand Evaporated Milk " 
was alleged in feat the article was food in package form, and the statement of 
net weight or measure of the contents was not plainly and conspicuously 
marked thereon. Further misbranding of the article labeled " Our Best Brand 
Evaporated Milk " was alleged in that the article was food in package form, 
and was labeled as containing 8 pounds of evaporated milk, whereas the can 
containing the article did not contain 8 pounds of evaporated milk.
On April 4, 1920, the United Bakers' Supply Co., claimant, having consented 
to a decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the claimants upon the 
payment of the costs of the proceedings and the execution of a bond, in con- 
formity with section 10 of the act.
B. D. BALI,, Acting Secretary of Agriculture.