F. & D. Nos. 558 and 561.
I. S. Nos. 4045-a and 10160-a.	
Issued May 27, 1911.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 848, FOOD AND DRUGS ACT.
ADULTERATION OF  " MACLAREN'S  IMPERIAL  CHEESE."
On or about October 10 and October 14, 1908, the MacLaren Im??
perial Cheese Company, Limited, a corporation, Detroit, Mich.,?
shipped two consignments of cheese, the one on the former date from?
the State of Michigan into the State of Massachusetts, and the one?
on the latter date from the State of Michigan into the State of Illi??
nois, the product being labeled: " MacLaren's Imperial Cheese. Con??
tains 1/10 of 1 per cent Borate. Mould does not impair contents.?
Keep in a cool place. Trade mark registered. MacLaren's Imperial?
Cheese Company, Ltd., Detroit, Mich., Toronto, Canada." Samples?
from the above shipments were procured and analyzed by the Bureau?
of Chemistry, United States Department of Agriculture, and were?
found to contain respectively 0.113 per cent and 0.156 per cent boric?
acid (H3BO3). As the findings of the analyst and report made indi??
cated that the product was adulterated within the meaning of the?
act, the said MacLaren's Imperial Cheese Company, Limited, and the?
parties from.whom the samples were procured were afforded oppor??
tunities for hearings. As it appeared after hearings held that the?
above shipments were made in violation of the act, the Secretary of?
Agriculture reported the facts to the Attorney-General with a state??
ment of the evidence upon which to base a prosecution.
On May 10, 1909, criminal informations were filed in the District?
Court of the United States for the Eastern District of Michigan?
against the said MacLaren's Imperial Cheese Company, Limited,?
based on each of the above shipments, charging the shipments and?
alleging the product to be adulterated in that it contained an added?
poisonous and deleterious ingredient, to wit, one-tenth of 1 per cent
92427??No. 848?11
borate, which by its presence in said food product rendered or might?
render the said article injurious to health.
On February 1, 1911, the defendant company appeared by its presi??
dent and entered a plea of nolo contendere to the above informations,?
whereupon the court imposed a fine of $10, being $5 for each shipment.
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, April 25', 1911.
848