NOTICE OF JUDGMENT NO. 2706.
(Given pursuant to section 4 of (lie Food and Drugs Act.)
U. S. v. Forty Cheeses.    Order not destruction.
MISBRANDING OF CHEESE.
On December 2, 1910, the United States Attorney for the Southern 
District of Florida, acting upon a report by the Secretary of Agricul- 
ture, filed in the District Court of the United States for said district 
a libel for the seizure and condemnation of 40 cheeses remaining 
unsold in original and unbroken packages, and in the possession of 
Snow & Bryan, T.ampa, Fla., alleging that the product had been 
shipped from the State of Illinois into the State of Florida, and 
charging misbranding in violation of the Food and Drugs Act. Each 
package of the product was marked in black pencil figures to indi- 
cate the weight of the cheese in each package.
Misbranding of the product was alleged in the libel for the reason 
that the boxes containing the cheese did not contain the net weight 
of cheese that they purported to contain as indicated by pencil marks 
upon the sides of each of the boxes, and the said marking or said false 
weight was misleading and false, so as to deceive and mislead a pur- 
chaser of the cheese as to the actual net weight of cheese contained 
in each box. Misbranding was alleged for the further reason that 
the boxes contained a skim-milk production and were not properly so 
branded, and the absence of a brand thereon, denoting that the prod- 
uct was a skim-milk production and not cheese, was misleading and 
false so as to deceive and mislead the purchaser as to the actual article 
contained in said boxes.
Thereafter, the cheeses, having spoiled, were ordered destroyed by 
the court, and as no claimant appeared for the property the court 
dismissed the libel on March 12, 1912.
C. F. MARVIN, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, October 6,1913.
14310° No. 2706—14
o