NOTICE OF JUDGMENT NO. 1069.
(Given pursuant to section 4 of the Food and Drugs Act.)
ADULTEEATION AND MISBRANDING OF CONDENSED MILK.
On May 24, 1911, the United States Attorney for the Eastern Dis- 
trict of Missouri, acting upon the report by the Secretary of Agri- 
culture, filed in the District Court of the United States for said dis- 
trict a libel praying condemnation and forfeiture of ten barrels of 
condensed milk in the possession of the Chouteau Avenue Crystal Ice 
and Cold Storage Plant, a branch of the St. Louis Brewing Associa- 
tion, a corporation. The barrels containing said milk were labeled 
as follows: " From White Hall Condensed Milk Co. White Hall, Ill. 
For Chouteau Ave. Cold St. Co., 2100 Chouteau Ave., St. Louis, 
Mo.   Sugar Condensed Milk."
Analysis of a sample from said consignment by the Bureau of 
Chemistry, United States Department of Agriculture, showed the 
product to contain fat 2.48 per cent, protein 9.62 per cent, lactose 
15.65 per cent, solids 64.45 per cent, ash 2.55 per cent, sucrose 34.15 per 
cent. The libel alleged that said milk, after transportation from 
Iowa into the State of Missouri, remained in the original unbroken 
packages, and was adulterated and misbranded in violation of the 
Food and Drugs Act of June 30, 1906, and liable, therefore, to seizure 
for confiscation. Adulteration was alleged for the reason that a val- 
uable constituent of the article, to wit, butter fat, had been in part ab- 
stracted from said product; and misbranding was alleged for the 
reason that the statement on said label, to wit, " Sugar Condensed 
Milk," was false and misleading because the product was not sugar 
condensed milk, but a condensed skimmed milk with sugar added, as 
shown by the aforesaid analysis.
On June 2, 1911, the White Hall Condensed Milk Co., by J. C. 
Spencer, its agent and manager, filed a claim to said property and
7556°—No.  1069—11
entered its appearance asking that an order be made by the court for 
the release of said property to the claimant upon the payment of the 
costs of the proceedings and the execution and delivery of a bond as 
provided by the aforesaid act; and the libelant and claimant con- 
sented to an adjudication and decree by the court. Accordingly, the 
court found the said product to contain evaporated skimmed milk 
and to be, therefore, misbranded, as alleged in the libel, and on the 
said date entered a decree condemning and forfeiting said milk to 
the United States and ordering the marshal to correctly label the 
same and sell it at public auction upon such terms and conditions as 
will not violate the provisions of the aforesaid act; and the claimant 
to pay all costs of the proceedings; provided, however, that should 
the White Hall Condensed Milk Co., claimant, pay all costs of the 
proceeding and deliver unto the United States a bond in the sum of 
$500 to be approved by the court, conditioned that the said milk shall 
not be sold or otherwise disposed of contrary to the provisions of 
said act, then the marshal should surrender and-deliver the same to
the said claimant.
JAMES WILSON,
Secretary of Agriculture.
WASHINGTON, D. C., August 16, 1911.
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