25704. Adulteration and misbranding of cheese.     V. S. v. 16 Clieeses.     Default
decree of condemnation.    Product delivered to charitable organization.
(F. & D. no. 36785.     Sample no. 50290-B.)
This case involved cheese that was deficient in fat and contained excessive 
moisture.
On December 12, 1935, 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 a libel praying seizure and condemnation of 16 cheeses at 
New York, N. Y., consigned by Sunrise Dairy Products Co., Inc., from Fremont, 
Ohio, alleging that the article had been shipped in interstate commerce on or 
about October 15, 1935, and charging adulteration and misbranding in viola- 
tion of the Food and Drugs Act. The article was labeled in part, "Full Cream 
Cheese."
The article was alleged to be adulterated in that a substance deficient in fat 
and containing excessive moisture had been substituted in whole or in part 
for cheese, which the article purported to be.
Misbranding was alleged for the reason that the designation "Cream Cheese" 
was false and misleading and tended to deceive and mislead the purchaser, and 
for the further reason that the article was offered for sale under the distinctive 
name of another article, namely, cream cheese.
On January 18, 1936, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be delivered to a charitable 
organization.
W. R. GREGG, Acting Secretary of Agriculture.