10136.?Adulteration  and   misbranding'  of  condensed  milk;.     V.   S.     *      *     *
v. 56 Cases of Sweetened Condensed Milk:. Consent decree of con-,?
demnation  and  forfeiture.     Product  released  under  bond.     (F.  &;
D. No. 15221.    I. S. No. 6250-t.    S. No. E-3461.)
On July 21, 1921, the United States attorney for the Southern District of?
New York, 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 56 cases of sweetened condensed milk, remaining unsold in the?
original unbroken packages at New York, N. Y., alleging that the article had been?
shipped from Jersey City, N. J., on or about June 28, 1921, and transported from?
the State of New Jersey into the State of New York, and charging adulteration?
and misbranding in violation of the Food and Drugs Act, as amended. The?
article was labeled in part, " Janice Brand Sweetened Condensed Milk."'
Adulteration of the article was alleged in substance in the libel for the reason?
that it was a product deficient in fat, which had been mixed and packed with?
and substituted wholly or in part for the article. Adulteration was alleged?
for the further reason that a valuable constituent of the article, to wit, butter?
fat, had been wholly or in part abstracted.
70	
BUKBAU  OF  CHEMISTRY.	
[Supplement 133,
Misbranding was alleged for the reason that the package or label bore state??
ments regarding the article or the ingredients and substances contained therein,?
to wit, "* * * Sweetened Condensed Milk * * * Net Weight 14 Ounces?
* * *," which were false and misleading, and deceived and misled the pur??
chaser. Misbranding was alleged for the
' further reason that the said article?
was an imitation of, and was offered for sale under the distinctive name of, an??
other article; and for the further reason that it was food in package form,?
and the quantity of the contents was not plainly and conspicuously marked on?
the outside of the package.
On September 21, 1921, Young and Wile, Ltd., New York, N. Y., claimant,?
having admitted the allegations of the libel and having consented to a decree,?
judgment of condemnation and forfeiture was entered, and it was ordered by?
the court that the product be released to said claimant upon payment of the?
costs of the proceedings and the execution of a bond in the sum of $250, in?
conformity with section 10 of the act, conditioned in part that the said product?
be disposed of only upon full representations that it was deficient in butter?
fat and slightly short weight.
C. W. PUGSLEY, Actmg Secretary of Agriculture.