6995. Adulteration and misbranding: of evaporated milk. U. S. * * * v.,?
600 Cases of Evaporated Milk. Consent decree of condemnation?
and   forfeiture.     Product   ordered   released   on   bond.     (F.   &   D.   No.
9525.     I.  S. m>. 15269-r.     S. No.  E-1172.)
On December 5, 1918, the United States attorney for the District of Mary??
land, 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 condem??
nation of 600 cases, each containing 48 cans of evaporated milk, consigned on or?
about October 18, 1918, remaining unsold in the original unbroken packages at?
Baltimore, Md., alleging that the article had been shipped and transported from?
the State of New York into the State of Maryland, and charging adulteration?
and misbranding in violation of the Food and Drugs Act. The article was?
labeled in part, " Marigold Brand Sterilized Unsweetened Evaporated Milk?
*    *    *    Manufactured by Western Condensed Milk Co. Newberg, Oregon."
Adulteration of the article was alleged in the libel for the reason that a?
partially evaporated milk had been mixed and packed therewith so as to reduce?
and lower and injuriously affect its quality and strength, and had been sub??
stituted in part for evaporated milk.
Misbranding of the article was alleged for the reason that it was labeled and?
branded so as to deceive and mislead the purchaser, and in that the label con??
tained statements that were false and misleading, and in that said article was?
an imitation of, and was offered for sale under the distinctive name of, another?
article, to wit, evaporated milk.
On December 13, 1918, Ferdinand Bernheimer, Herman Bernheimer, and Isa-?
dore I. Wolf, trading as Bernheimer Brothers, Baltimore, Md. claimants, having?
consented to a decree, judgment of condemnation and forfeiture was entered,?
and it was ordered by the court that the product should be delivered to said?
claimants upon the payment of the costs of the proceedings and the .execution?
of a bond in the sum of $500, in conformity with section 10 of the act, condi??
tioned in part that the product should be relabeled under supervision of a repre??
sentative of this department.
E. D. BALL, Acting Secretary of Agriculture.