25725. Adulteration and misbranding of process Limburger cheese.     U. S. v. 35
Cartons, et al., of Process Limburger Cheese. Default decree of con- 
demnation and destruction. (F. & D. no. 37185. Sample nos. 42661-B, 
42662-B, 42663-B.)
This case involved interstate shipments of Limburger cheese that contained 
portions of insects and rodent hairs.
On February 13, 1936, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 235 cartons each containing 
12 jars of process Limburger cheese at Jersey City, N. J,, alleging that the 
article was shipped in interstate commerce on or about December 26, 1935, and 
January 2 and January 13, 1936, by the Borden Sales Co., Inc., from Buffalo, 
N. Y., and that it was adulterated and misbranded in violation of the Food and 
Drugs Act. The jars of the article in two of the three lots were labeled: 
"Borden's Buffalo Brand Limburger Spread New York State Cheese Net Wt. 
C Oz. Spreads like Butter Made by Hasselbeck Cheese Company The Borden 
Sales Company, Inc., New York, Chicago, San Francisco, Distributors." The 
jars of the article in the remaining lot were labeled: "Borden's Buffalo Brand 
Limburger Spread Made in New York State Net Wt. 6 Oz. Pasteurized Process 
Cheese Made for Borden Quality Inc. By Borden Cheese Co., Inc. The 
Borden Sales Company, Inc.   New York, Chicago, San Francisco, Distributors."
The article in all of the three lots was alleged to be adulterated in that it 
consisted in whole or in part of a filthy animal substance.
The article in the two lots first mentioned was alleged to be misbranded in 
that the statement, "New York State Cheese", borne on the label, was false 
and misleading and tended to deceive and mislead the purchaser when applied 
to process cheese.
On March 20, 1936, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
W. R. GREGG, Acting Secretary of Agriculture.