NOTICE OF JUDGMENT NO. 1114.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING OF EVAPORATED MILK.
On May 31, 1911, the United States Attorney for the Western 
District 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 200 cases of 
evaporated milk in the possession of M. & O. Milk Co., a corporation. 
The product was labeled as follows: " Everybody's Full Cream Con- 
centrated Milk. Good All Through. For Grandma, Mamma, Sister. 
For Grandad, Papa, Brother. Evaporated. Made at Waterloo, Illi- 
nois, By M. & O. Milk Company, St. Louis." "Good all through. 
Everybody's Evaporated Milk. (Picture of Cow.)" " This Milk 
may be used either unadulterated or slightly diluted with water for 
coffee, cocoa, on fruits, cereals, etc. Full directions for infant feed- 
ing will be cheerfully furnished upon application. Keep in cool 
place. Shake before opening." " Everybody's Full Cream Concen- 
trated Milk, sterilized, is made from fresh whole cow's milk, pro- 
duced under strict sanitary rules, is unadulterated, evaporated to a 
cream-like consistency. No cream is taken from the milk; nothing 
but the water is abstracted from the original milk; nothing added. 
It is pure and wholesome.   Unsweetened.   20 oz. size.   4 doz. to case."
Examination of twelve cans of said product by the Bureau of 
Chemistry of this Department showed each can to be short weight, 
the shortage in each instance amounting to 4| or more ounces, or a 
total average shortage of 22.95 per cent. A second sample consisting 
of 96 cans examined showed accurate net weight of from 13f to 16£ 
ounces, or an average net weight of 15T7e ounces, equivalent to a 
shortage of 22.81 per cent.    The libel alleged that the milk after
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transportation from Illinois into Missouri remained in the original 
unbroken packages, and was misbranded in violation of the Food and 
Drugs Act of June 30, 1906, because the labels on said milk repre- 
sented each can to contain 20 ounces when in fact the said cans con- 
tained less than 20 ounces, as shown by the aforesaid examinations, 
and that the product was therefore liable to seizure for confiscation. 
On May 31,1911, the cause coming on to be heard, the M. & O. Milk 
Co., claimants, by its attorneys, entered its voluntary appearance and 
waived service of process, and the said libelant and said claimant by 
their said attorneys consented to an adjudication and decree by the 
court. Whereupon the court found the said product to be misbranded 
as alleged in the libel, and on the aforesaid date entered a decree con- 
demning and forfeiting same to the United States, and directed the 
marshal to label said product correctly, and sell the same at public 
sale upon such terms and conditions as would not violate the afore- 
said act, with the proviso, however, that said product should be 
delivered to the above mentioned claimants upon paying the cost of 
the proceedings and executing and delivering a good and sufficient 
bond in the sum of $500, on condition that the said product would not 
be disposed of otherwise in violation of law.
W. M. HAYS, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, September 1J/., 1911.
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