19221. Adulteration and Misbranding of sweetened condensed milk.    TJ. S.
v. 7 Barrels of Sweetened Condensed Milk. Consent decree of 
condemnation and forfeiture. Product released under bond for 
relabeling.     (F. & D. No. 26873.    I. S. No. 37356.    S. No. 5040.)
Samples of sweetened condensed milk from the shipment herein described 
having been found to be deficient in milk fat, the Secretary of Agriculture 
reported the matter to the United States attorney for the Southern District 
of Ohio.
On August 15, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 7 barrels of sweetened condensed milk at Dayton, Ohio, alleging 
that the article had been shipped on or about June 29, 1931, by Sunshine Farms, 
Lafayette, Ind., and had been transported in interstate commerce from the 
State of Indiana into the State of Ohio, and charging adulteration and mis- 
branding in violation of the food and drugs act. The article was labeled in 
part: " For Sherman White, Dayton, Ohio, Sunshine Farms, from Indiana 
Service Corporation, Fort Wayne, Indiana."
It was alleged in the libel that the article was adulterated in that a substance, 
to wit, sweetened condensed skimmed milk containing practically no milk fat, 
had been mixed and packed with the article so as to reduce, lower, and in- 
juriously affect its quality and strength; and for the further reason that 
sweetened condensed skimmed milk, deficient in milk fat and containing no 
appreciable amount of milk fat, had been substituted for sweetened condensed 
whole milk which the said article purported to be. Adulteration was alleged 
for the further reason that milk fat, a valuable constituent of the article, had 
been almost wholly abstracted therefrom. 
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Misbranding was alleged for the reason that the product was an imitation of 
and was offered for sale under the distinctive name of another article, to wit, 
condensed whole milk sweetened.
On November 14, 1981, Sherman White & Co., claimant, having admitted the 
allegations of the libel and having consented to the entry of a decree, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be relabeled, " Sweetened condensed skim milk," under the 
supervision of this department and disposed of in conformity with the Federal 
food and drugs act. The decree further provided that the product might be 
released to the said claimant upon payment of costs and the execution of a 
bond in the sum of $400, conditioned in part that it should not be sold or 
disposed of contrary to the laws of any State, Territory, district, or insular 
possession.
ABTHTJB M. HYDE, Secretary of Agriculture.