18567. Adulteration   and misbranding of  pasteurized   process  blue,   Swiss,
Gruyere, and Cheddar cheese. U. S. v. 41 Dozen Plastic Dishes * * * 
(and one other seizure action). (F. D. C. Nos. 32201, 32202. Sample 
Nos. 24166-L, 25893-L.)
LIBELS FILED : November 30,1951, Eastern District of Pennsylvania and South- 
ern District of New York.
ALLEGED SHIPMENT : On or about August 16, September 21, and October 17 and 
25,1951, by Zausner Foods, Inc., from Hillside, N. J.
PRODUCT: 137 dozen plastic dishes, each containing 6 1-ounce packages, of 
pasteurized process blue, Swiss, Gruyere, and Cheddar cheese, at Philadel- 
phia, Pa., and New York, N. Y.
Flavored With Brandy," "Aged Gruyere Pasteurized Process Swiss Cheese," 
Kummel and Swiss Pasteurized Process Cheese," "Smoked Cheddar Pasteur- 
ized Process Cheese," "Wine Cheddar Pasteurized Process Cheese Flavored with 
Wine," and "Sharp Aged Cheddar Pasteurized Process Cheese."
NATURE OF CHARGE: Adulteration, Section 402 (b) (2), a product, the solids 
of which contained less than 50 percent of milk fat, had been substituted 
in whole or in part for pasteurized process blue cheese; a product containing 
more than 42 percent moisture had been substituted in whole or in part for 
"Kummel and Swiss Pasteurized Process Cheese"; and products containing 
more than 40 percent of moisture, the solids of which contained less than 
50 percent of milk fat, had been substituted in whole or in part for pas- 
teurized process Cheddar cheese.
Misbranding, Section 403 (g) (1), the articles labeled, in part, as "Blue," 
"Kummel and Swiss," "Smoked Cheddar," "Wine Cheddar," and "Sharp 
Aged Cheddar," purported to be and were represented as pasteurized processed 
cheeses, foods for which definitions and standards of identity have been 
prescribed by regulations, and they failed to conform to such definitions and 
standards. The definitions and standards provide that pasteurized process 
blue cheese contains in its solids not less than 50 percent of milk fat; that 
pasteurized process Swiss cheese contains not more than 44 percent of moisture;
and that pasteurized processed Cheddar cheese contains not more than 40 
percent of moisture and its solids contain not less than 50 percent milk fat, 
as determined by the methods prescribed in the definitions and standards. The 
article (blue cheese) contained in its solids less than 50 percent of milk 
fat; the article (Kummel and Swiss cheese) contained more than 44 percent 
of moisture; and the articles (smoked Cheddar, wine Cheddar, and sharp 
Cheddar cheese) contained more than 40 percent of moisture, and their solids 
contained less than 50 percent of milk fat.
Further misbranding, Section 403 (g) (2), the articles purported to be 
and were represented as pasteurized process blue cheese, pasteurized process 
Swiss: cheese, pasteurized process Gruyere cheese, and pasteurized process 
Cheddar cheese, and their labels failed to bear the names of the articles speci- 
fied in the definitions and standards of identity.
DISPOSITION: January 7 and 23, 1952. Default decrees of condemnation and 
destruction. The court ordered that the products be delivered to charitable 
institutions.
FISH AND SHELLFISH