F. & D. No. 2189.
S. No. 799.	
Issued May 15, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1364.
(Given pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION AND MISBRANDING OF POWDERED MILK.
On December 14, 1910, the United States Attorney for the District?
of New Jersey, acting upon a report of the Secretary of Agriculture,?
filed in the District Court of the United States for said district a?
libel praying condemnation and forfeiture of three barrels of milk?
product, in the possession of the M & S Cocoa & Chocolate Co.,?
Jersey City, N. J. The product was labeled " Milk" and was?
invoiced as " Powdered Milk."
A sample of said product examined by the Bureau of Chemistry of?
the United States Department of Agriculture showed the following?
results: Water, 4.83 per cent; fat, 0.92 per cent; protein, 35.83 per?
cent; lactose, etc., by difference, 50.45 per cent-; ash, 7.97 per cent,?
total, 100 per cent.# The libel alleged that the product, after ship??
ment by Wood & Selick, of the city of New York, from the State of?
New York into the State of New Jersey, remained in the original?
unbroken packages and was adulterated in violation of the Food and?
Drugs Act of June 30, 1906, and was therefore liable to seizure for?
confiscation. Adulteration was alleged in the information for the?
reason that the fat contained in the product had been partially?
extracted therefrom, and that the said product was what is termed?
skimmed milk. Misbranding was alleged for the reason that the?
product was labeled milk, which represented it to be pure, when in?
truth and in fact the label was false and misleading in that the said?
product had had extracted therefrom a material part of the fat of?
the milk, which fact was not indicated on the label.
On January 3, 1911, the case coming on for trial, and no one having?
appeared as claimant, the court found the product adulterated and?
misbranded as alleged in the libel, and entered a decree condemning?
and forfeiting the product to the United States and ordering it to be?
sold at public auction by the marshal.
JAMES WILSON,?
Secretary of Agriculture.
WASHINGTON, D. C., January 30, 1912.
28123??No. 1364?12