NOTICE OF JUDGMENT NO. 1186.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING OF CHEESES.
On September 17, 1909, the United States Attorney for the South- 
ern District of Florida, acting upon a report of the Secretary of 
Agriculture, filed in the District Court of the United States for said 
district a libel praying condemnation and forfeiture of 98 cheeses in 
the possession of Williams & Moorehouse, Tampa, Fla. The cheeses 
were labeled: " Williams & Moorehouse, Tampa, Florida, W. A. & M." 
In addition each cheese bore a number, ranging from 19 to 25, 
inclusive.
An inspector of the Bureau of Chemistry of the United States 
Department of Agriculture weighed 100 cheeses of this consignment, 
and found that with one exception they were all short of the marked 
weight. The results of his weighing are as follows: One cheese was 
3 pounds short of marked weight; three cheeses were 2 pounds short 
of marked weight; twenty-one cheeses were 1£ pounds short of 
marked weight; sixty-five cheeses were 1 pound short of marked 
weight; nine cheeses were one-half pound short of marked weight; 
and one cheese was 1 pound over marked weight. The libel alleged 
that the cheeses, after shipment by A. H. Barber & Co., Chicago, Ill., 
from the State of Illinois 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 for confiscation. Misbranding was alleged for the reason 
that the boxes containing the said cheeses did not contain the net 
weight of the cheese they purported to contain and indicated by 
pencil marks in black pencil on the sides of said boxes, and that said 
marking of said false weight was misleading and false and calculated 
to deceive and mislead the purchaser of the cheese as to the actual 
net weight of same contained in each box.
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On October 1, 1909, the said case coming on to be heard, and it 
appearing that Williams & Moorehouse having filed claim and answer 
for the delivery to them of said cheeses, and having executed a good 
and sufficient bond in the sum of $1,000, conditioned that said 
cheeses should not be again sold contrary to law, and having paid the 
costs of the proceedings, the court ordered said ninety-eight cheeses 
to be delivered to the said Williams & Moorehouse.
W. M. HAYS, 
Acting Secretary of Agriculture. 
WASHINGTON, D. C, November 1, 1911.
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