2887. Misbranding of evaporated milk. TJ. S. v. 650 Cases of Evaporated Milk. Consent?
decree of condemnation and forfeiture. Goods released on bond. (F. & D. Nos. 4294,?
4295, 4296.    S. No. 1459.)
On July 12, 1912, the United States attorney for the. northern district of California,?
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 650 cases?
of evaporated milk remaining unsold in the original unbroken packages at Oakland,?
Cal., alleging that the prodiicthad been shipped on or about April 19,1912, from the?
State of Wisconsin into the State of California, and thereafter distributed to Dodge,?
Sweeney & Co., F. B. Peterson, William Cluff Co., Oakland, Cal., and to other per??
sons, firms, and corporations unknown to libelant, and charging misbranding in vio??
lation of the Food and Drugs Act. The product was labeled: (On cases) "Globe?
unsweetened evaporated milk manufactured and guaranteed by National Condensed?
Milk Company, Chicago, 111., U. S. A." (On cans) "Registered U. S. Pat. Of. Globe?
(design, atlas and cow) evaporated milk. Globe unsweetened evaporated milk is?
prepared from the very best milk products in thegreat dairy State of Wisconsin reduced?
to the consistency of cream by evaporation vacui. It is perfectly sterilized and free?
from bacteria and all disease producing germs. The milk from its production on model?
farms under our direct supervision until finally marketed is scientifically handled,?
every precaution being taken to insure high uniform quality unapproached by other?
brands. Every can is guaranteed. Globe evaporated milk is available for every?
purpose for which fresh milk or cream is used and preferably on account of its absolute?
purity and perfect sterilization. It is a perfect food for infants, nursing mothers and?
sick, and for any troubled with weak digestion, being very nourishing, and our process?
softens the casein thereby rendering the milk very easy of digestion. In handy form?
for use on land and sea.    Guaranteed by National Condensed Milk Co. under the
1914.]
SERVICE AND REGULATORY ANNOUNCEMENTS.
121
Food and Drugs Act June 30th 1906 Guaranty No. 18300 National Condensed Milk?
Co. Chicago 111. U. S. A."
Analysis of the sample of the product on which the action was based, by the Bureau?
of Chemistry of this department, showed the following results:
Total solids (per cent)?
 24. 99
Butter fat (per cent)?
   7. 35
Sum of total solids and butter fat (per cent)?
 32. 34
Misbranding of the product was alleged in the libel for the reason that it was not?
sufficiently reduced to be entitled to the name "Evaporated Milk," and further for?
the reason that it was below the limit described in Food Inspection Decision 131.
On January 30, 1913, an answer having been filed by Taft & Suydam (Inc.), as?
agent for the National Condensed Milk Co., Chicago, 111., claimant of the goods,?
whereby said claimant admitted that the analyses made on behalf of libelant were?
correct, and that said analyses showed that the percentages of total milk solids and?
of the butter fat in the product were as follows, each of the batches being designated?
by the number affixed by representative of the libelant at the time the samples were?
taken, to wit:
and that the total percentage of total milk solids and of butter fat was less than 34.3,?
prescribed by Food Inspection Decision 131 as the minimum total percentage of total?
milk solids and butter fat permissible in evaporated milk, judgment of condemnation?
and forfeiture was entered and it was ordered by the court that the product should be?
released and delivered to the claimant upon payment of the costs of the proceedings?
and the execution of bond in the sum of $600 in comformity with section 10 of the act,
B. T. GALLOWAY, Acting Secretary of Agriculture.?
WASHINGTON, D. C, February 18, 1914.