F. & D. Nos. 781, 1093, and 1239.
I. S. Nos. 18494-a, 8419-b, and 9791-b.	
Issued October 11, 1910.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 576, FOOD AND DRUGS ACT
MISBRANDING OF NEUFCHATEL CHEESE.
On or about March 22, 1909, the Phenix Cheese Company, a cor??
poration, New York City, shipped from the State of New York to?
the District of Columbia a consignment of cheese labeled " Domestic?
Neufchatel Cheese (Trade Mark) Reg. U. S. Pat. Off. Crescent?
Brand Made in State of New York from partly skimmed milk";?
on September 9, 1909, said company shipped from the State of New?
York to the State of Pennsylvania a consignment of cheese labeled?
"Domestic Neufchatel Cheese (Trade Mark) Reg. U. S. Pat. Off.?
Excelsior Brand Made in State of New York "; and on October 22,?
1909, said company shipped from the State of New York to the Dis??
trict of Columbia a quantity of cheese labeled " Neufchatel Cheese?
Crescent Brand (Trade Mark) Strictly Pure." Samples from these?
shipments were procured and analyzed by the Bureau of Chemistry,?
United States Department of Agriculture, and as the findings of?
the analyst and report made showed that the products were mis-?
branded within the meaning of the Food and Drugs Act of June 30,?
1906, the Secretary of Agriculture afforded said Phenix Cheese Com??
pany and the dealers from whom the samples were procured oppor??
tunities for hearings. As it appeared after hearings held that the?
shipments were made in violation of the act, the Secretary of Agri??
culture reported the facts to the Attorney-General, with a statement?
of the evidence upon which to base a prosecution.
In due course a criminal information was filed in the Circuit?
Court of the United States for the Southern District of New York?
against the said Phenix Cheese Company, charging the above ship??
ments in the first, second, and third counts, respectively, of said?
information and alleging that the product was misbranded in the
58773??No. 576?10
case of each of said shipments, in that the labels above set forth?
purported that the food in the packages bearing said labels was a?
foreign product, when in truth and in fact the food contained in said?
packages and labeled as aforesaid was not a foreign product but a?
domestic product. Whereupon the defendant entered its appearance?
and demurred to the first and second counts of said information, and?
on June 13, 1910, the court, after hearing arguments of counsel, sus??
tained said demurrer, and on July 2, 1910, the United States attorney,?
in view of the court's decision as to counts 1 and 2, moved that the?
third count be nolle prossed, which order was entered by the court.
Decisions of United States circuit and district courts and United?
States circuit courts of appeal adverse to the Government will not?
be considered final until acquiescence shall have been published.
This notice is given pursuant to section 4 of the Food and Drugs?
Act of June 30, 1906.
W. M. HAYS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C, August ?7,1910.
576