29941. Adulteration and misbranding of cheese. U. S. v. 38 Cheeses. Default decree of condemnation and destruction. (F & D. No. 44214. Sample Nos. 38379-D, 38380-D, 38384-D.) This product was deficient in fat and contained excessive moisture. On October 21, 1938, the United States attorney for the Eastern District of Louisiana, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 38 cheeses at New Orleans, La.; alleging that the article had been shipped in interstate com- merce on or about October 9, 1938, by Devine Creamery from Devine, Tex.; and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was alleged to be adulterated in that a substance deficient in fat and which contained excessive moisture had been mixed and packed with it so as to reduce or lower its quality; and had been substituted wholly or in part for full cream or whole milk cheese, which it purported to be. It was alleged to be misbranded in that the statement on the label, "Full No. 1 Cream," was false and misleading and tended to deceive and mislead •the purchaser when applied to an article deficient in fat and which contained excess moisture. On November 24, 1938, no claimant having appeared, judgment of condemna- tion was entered and the product was ordered destroyed. HABBT L. BROWN, Acting Secretary of Agriculture.