NOTICE OF JUDGMENT NO. 1183.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING   OF  CHEESE.
On September 9, 1909, the United States Attorney for the Southern 
District of Florida, acting upon a report of the Secretary of Agricul- 
ture, filed in the District Court of the United States for said district a 
libel praying condemnation and forfeiture of 74 cheeses in the posses- 
sion of Williams & Moorehouse, Tampa, Fla. The said cheeses were 
labeled: "Williams and Moorehouse Fancy Full Cream Cheese, 
Tampa, Florida, M. & W.," and in addition, they all bore numbers 
ranging from 17 to 23, inclusive.
An inspector of the Bureau of Chemistry of this Department weighed 
90 cheeses out of this consignment to ascertain whether they were 
correctly marked as to net weight, with the following results: 16 
cheeses were found to be of the weight indicated by the numbers; 3 
cheeses were found to be 2 pounds short; 4 cheeses were found to be 
\\ pounds short; 22 cheeses were found to be 1 pound short; and 45 
cheeses were found to be one-half pound short. The libel alleged that 
the said cheeses, after shipment by the S. J. Stevens Co., Sheboygan, 
Wis., from the State of Wisconsin into the State of Florida, remained 
in the original unbroken packages, and were misbranded in violation 
of the Food and Drugs Act of June 30, 1906, and were therefore liable 
to seizure and confiscation. Misbranding was alleged for the reason 
that the boxes containing said cheeses did not contain the net weight 
of the cheese that they purported to contain as indicated by pencil 
marks in black pencil upon the sides of each of said boxes, and that 
said false weight was therefore false and misleading and calculated to 
deceive and mislead the purchaser as to the actual net weight of said 
cheeses.
On October 5, 1909, it appearing to the court that Williams & 
Moorehouse had filed claim and answer for delivery to the owner
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thereof of said cheeses, and had executed and delivered a good and 
sufficient bond in the sum of $300 conditioned that the said cheeses 
should not be again sold contrary to law, the court ordered that the 
13 cheeses found and seized in said proceeding be delivered to the
aforesaid claimants.
W. M. HATS,
Acting Secretary of Agriculture. 
WASHINGTON, D. C, October 31, 1911.
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