SG42. Adulteration and misbranding: of evaporated niillc. IT. S. * * *?
v. 50 Cases of Evaporated Milk.     Product released on bond.     (F. &
D. No. 9132.     I.  S. No. 11924-p.     S. No, C-925.)
On or about July 11, 3918, the United States attorney for the Eastern Dis??
trict of Arkansas, 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 50 cases of evaporated milk, at Pine Bluff, Ark., consigned?
on or about June 24, 1918, alleging that the article had been shipped by the?
Aviston Condensed Milk Co., from St Louis, Mo., and. transported from the State
88	
BUREAU   OF   CHEMISTRY.	
[Supplement 103,
of Missouri into the State of Arkansas, and charging adulteration and mis??
branding in violation of the Food and Drugs Act, The article was labeled in?
part, "Our 'Best' Brand Evaporated Milk * * * Aviston Condensed Milk?
Co., Aviston, Illinois."
Adulteration of the article was alleged in the libel for the reason that par??
tially evaporated milk had been mixed and packed with it so as to lower and?
injuriously affect its quality and strength, and had been substituted in part?
for evaporated milk.
Misbranding was alleged for the reason that the article was an imitation of?
and was offered for sale under the distinctive name of another article, to wit,?
evaporated milk, and for the further reason, in substance, that the statement?
on the cases containing the article, to Avifc, " Evaporated Milk," was false and?
misleading and deceived and misled the purchaser.
On September 20, 1918, the said Aviston Condensed Milk Co., claimant, hav??
ing entered an appearance, and the matter having come on for disposition,?
it was ordered by the court that the product be delivered to said claimant upon?
payment of the costs of the proceedings and the execution of a bond in the?
sum of $500, in conformity with section 10 of the act, conditioned in part that?
the goods be relabeled.
E. D. BALL, Acting Secretary of Agriculture.