7171, Misbranding of cheese. XT. S. * * * v. 13 Cartons Q? Cheese. CQJI:- sent decree of condemnation ant] forfeiture. Prodxict ordered re- leased on bond. (P. & D. No. 9948. I. S. Nos. 7073-r, 7074-r, 7075-r, 7851-r. S. No. C-1120.) On March 26, 1919, the United States attorney for the Eastern District of Wisconsin, 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 13 cartons of cheese, remaining unsold in the original unbroken packages at Milwaukee, Wis., alleging that the article had been shipped on or about February 24, 1919, by J. L. Kraft & Bros. Go., Chicago, Ill., and transported from the State of Illinois into the State of Wisconsin, and charging misbrand- ing in violation of the Food and Drugs Act, as amended. The article was vari- ously labeled, " Elkhorn Swiss Cheese," " Elkhorn Roquefort American Cheese," " Elkhorn Kraft Cheese-Pimento Flavor," and " Elkhorn Kraft Cheese-Amerir can Cheddar," and in each case, " J. L. Kraft & Bros.' Co., Chicago-New York," Misbranding of the article was alleged in the libel for the reason that the labels on the cans containing the article bore the statement that each can con- tained i paund of cheese, which was false and misleading, inasmuch as the con- tents of the tin cans were materially less than that amount, averaging [in per- centage] from 4.75 per cent to 7.25 per cent shortage in weight, and for the further reason that the statement, to wit, " Contents One-quarter Pound," de- ceived and misled the purchaser. Misbranding of the article was alleged 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 pack- ages and upon each can in terms of weight, since the amount stated was not a correct statement of the quantity of food contained in each package or can, and that said contents contained a substantially smaller quantity ahd weight of food than was stated on each package or can, On May 10, 1919, the said J. L. Kraft & Bros, Go,, claimant, having admitted the allegations of the libel, judgment of condemnation and forfeiture was en- tered, 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 $200, in conformity with section 10 of the aet. E. D, BALI,, Acting Mecmtqry of Agriculture.