F. & D. No. 3271.
I. S. No. 2209-d.	
Issued February 28, 1913.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1986.
(Given pursuant to section 4 of the Food and Drugs Act.)
ALLEGED ADULTERATION AND MISBRANDING OF EYAPORATED
MILK.
On February 23, 1912, the United States Attorney for the Eastern?
District of Pennsylvania, acting upon a report by the Secretary of?
Agriculture, filed in the District Court of the United States for said?
district an information against Samuel Kidgeway Kennedy and?
Samuel William Kennedy, doing business under the name of S. R.,?
S. W. Kennedy & Co., a copartnership, Philadelphia, Pa., alleging?
shipment by them, in violation of the Food and Drugs Act, on or?
about July 11, 1911, from the State of Pennsylvania into the State?
of Georgia of a quantity of evaporated milk which was adulterated?
and misbranded. The product was invoiced as follows: " Shipped?
via M. M. T. Co. No. 12, Philadelphia, Pa., July 11, 1911. S. R.,?
S. W. Kennedy & Co., Sold to Conida Choc. Mfg. Co., Savannah, Ga.?
2 cans 15 gals. Evap. Milk 94c1 gal. 14.10."
Analysis of a sample of the product by the Bureau of Chemistry?
of this Department showed the following results: Water, 67.17 per?
cent; fat, 6.38 per cent; proteins, 9.32 per cent; lactose, etc., by dif??
ference, 14.96 per cent; ash, 2.17 per cent; total 100 per cent; total-?
solids, 32.83 per cent; per cent fat in total solids, 19.43; ratio of?
proteins to fat, 1:0.68. Adulteration of the product was alleged in?
the information for the reason that a certain valuable constituent, to?
wit, fat, had been in part abstracted therefrom. Misbranding was?
alleged for the reason that the product was offered for sale under the?
distinctive name of another article, to wit, evaporated milk, under?
the invoice set forth above, wherein and whereby the product had?
been represented to be evaporated milk, whereas in truth and in?
fact it was not evaporated milk, which is whole milk from which a?
portion of the water has been evaporated, but was evaporated?
skimmed milk; that is to say, milk from which a part of the cream
68707??No. 1986?13