F. & D. No. 2998.
S. No. 1091.	
Issued May 18, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1421.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING OF CHEESE.
On October 6, 1911, the United States Attorney for the Western?
District of Kentucky, acting upon a report of the Secretary of Agri??
culture, filed in the District Court of the United States for said?
district a libel praying condemnation and forfeiture of 27 boxes of?
cheese in the possession of Covington Bros. & Co., Paducah, Ky.?
The product was labeled " Ferbend & Co., Chicago, Dixie Full?
Cream Cheese."
The Bureau of Chemistry of the United States Department of?
Agriculture reported that in addition to the foregoing label each?
package bore figures of the net weight, so accepted according to?
custom of trade, and the shipment was invoiced and charged for?
accordingly. The marked weights totaled 612 pounds. The actual?
net weight of the consignment, numbering 28 boxes, as determined?
by weighing each cheese separately upon accurately balanced scales,?
was 583.75 pounds, making a difference of 28.25 pounds, or a short??
age of 4.6 per cent. Only one cheese in the entire consignment?
showed full weight. The libel alleged that the product, after ship??
ment by Ferbend & Co., Chicago, 111., from the State of Illinois into?
the State of Kentucky, remained in the original unbroken packages?
and was misbranded in violation of the Food and Drugs Act of?
June 30, 1906, and was therefore liable to seizure for confiscation.?
Misbranding was alleged for the reason that the aforesaid product?
was in package form and the contents of said package in the case?
of each cheese was stated in terms of weight or measure but was not?
correctly stated on the outside of the package, as shown by the afore??
said report of the Bureau of Chemistry.
32541?? No. 1421?12
On December 23, 1911, the case coming on for hearing and it?
appearing to the court that Ferbend & Co., of Chicago, 111., had?
filed a claim, without answer, as owner of said product, and the case?
having been submitted to the court by agreement, the court entered a?
decree finding the product misbranded as alleged in the libel, and?
condemning and forfeiting it to the United States, but authorizing?
its release to Ferbend & Co. upon the payment by said company of?
all costs and the execution of a bond in the sum of $100, conditioned?
that said product should not be again sold contrary to the provisions?
of law.
JAMES WILSON,?
Secretary of Agriculture.
WASHINGTON, D. C, February &?, 1912.
1421