7036. Adulteration and misbranding of evaporated milk.    TJ.  S.   *    *    *   v.
50 Cases of Alleged Evaporated Milk. Consent decree of condem- 
nation and forfeitxxx-e. Good portion ordered released on bond. 
Unfit portion ordered destroyed. (F. & I>. No. 9560. I. S. No. 5620-r, 
S. No. C-1026.)
On December 30, 1918, the United States attorney for the Southern District 
of Iowa, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel for the seizure and 
condemnation of 50 cases of a product, unlabeled, alleged to be evaporated
milk, at Davenport, Iowa, alleging that the article had b'een shipped on or 
about December 23, 1918, by the Oatman Condensed Milk Co., Dundee, Ill., and 
transported from the State of Illinois into the State of Iowa, and charging 
adultei'ation and misbranding in violation of the Food and Drugs Act, as 
amended.
Adulceration of the article was alleged in substance in the libel for the reason 
that it consisted in whole or in part of a decomposed substance.
Misbranding of the article was alleged for the reason that it was food in 
package form, and the quantity of the contents was not plainly and conspicu- 
ously marked on the outside of the package in terms of weight, measure, or 
numerical count.
On April 30, 1919, the said Oatman Condensed Milk Co., having admitted 
all material allegations of the libel, and having consented to a decree, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product should be released to said claimant upon the payment 
of the costs of the proceedings and the execution of a bond in the sum of $1,000, 
in conformity with section 30 of the act, conditioned in part that the product 
should be sorted and examined under the supervision of a representative of 
this department, and that the good portion should be released to said claimant, 
and the unfit portion destroyed by the United States marshal.
E. D. BALL, 
Acting Secretary of Agriculture.