7193. Adulteration and Misbranding of evaporated milk. U. S. * * * v. 
14 Cases of Evaporated Milk. Default decree of condemnation, 
forfeiture, and sale.     (F. & D. No. 9836.     I. S. No. 2355-r.     S. No. W-285.)
On March 7, 1919, the United States attorney for the Western District of 
Washington, 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 14 cases, each containing 48 cans of evaporated milk, remain- 
ing unsold in the original unbroken packages at Vancouver, Wash., alleging 
that the article had been shipped on January 9, 1919, and January 14, 1919, 
from Portland, Oreg., and transported from the State of Oregon into the State 
of Washington, and charging adulteration and misbranding in violation of the 
Food and Drugs Act, as amended. The article was labeled in part, " Holly 
Brand Condensed Milk, Holly Condensed Milk Co., Amity, Oregon."
Adulteration of the article was alleged in the libel for the reason that a 
Substance, to wit, partially evaporated milk, low in total solids, had been mixed 
and packed with, and substituted wholly or in part for, evaporated milk prod- 
ucts, so as to reduce and injuriously affect the quality, and strength of the 
article.   .
Misbranding of the article was alleged for the reason that it was an imita- 
tion of, and was offered for sale under the distinctive name of, another article, 
to wit, condensed milk, and that the statement borne on the labels, to wit, 
" Condensed Milk," was false and misleading and deceived and misled the pur-
chaser into the belief that the article was condensed milk, whereas, in truth 
and in fact, it was partially evaporated milk. Misbranding of the article was 
alleged for the further reason that it was food in package form, and the quan- 
tity of the contents of the packages was not plainly and conspicuously marked 
on the outside of the packages in terms of weight, measure, or numerical count. 
On May 30, 1919, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product should be sold by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.