29066. Misbranding of Roquefort  cheese.     U.   S. v.  32%   Dozen  Packages  of
Roquefort  Cheese.    Default decree of condemnation and destruction.
(F. & D. No. 42230.   Sample No. 10802-D.)
This product was short of the declared weight.
On April 21, 1938, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 32^ dozen packages 
of Roquefort cheese at Philadelphia, Pa.; alleging that the article had been 
shipped in interstate commerce on or about April 5, 1938, by W. Faehndrich, 
Inc., from New York, N. Y.; and charging misbranding in violation of the 
Food and Drugs Act as amended. The article was labeled in part: "Genuine 
Famous Brand * * * Net Weight 3 Ozs When Packed W. Faehndrich 
Inc."
The article was alleged to be misbranded in that the statement "Net Weight 
3 Ozs When Packed" was false and misleading and tended to deceive and mis- 
lead the purchaser when applied to an article that was short weight; and in 
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 since the 
quantity stated was not correct.
On May 16, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARRY L». BROWN, Acting Secretary of Agriculture.