F. & D. No. 2898.
S. No. 1048.	
Isstied October 24, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1720.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING OF CHEESE.
On September 14, 1911, the United States Attorney for the South??
ern District of Georgia, acting upon a report by the Secretary of?
Agriculture, filed in the District Court of the United States for said?
district a libel for the seizure and condemnation of 150 boxes of?
Mistletoe Full Cream Cheese remaining unsold in the original un??
broken packages and in possession of the National Packing Co.,?
Macon, Ga., alleging that the product had been shipped on or about?
August 31, 1911, by the A. H. Barber Co., Chicago, 111., and trans??
ported from the State of Illinois into the State of Georgia, and?
charging misbranding in violation of the Food and Drugs Act. The?
product was labeled: "National Packing Co., Mistletoe Full Cream?
Macon, Ga." and there was also a pencil figure on each box indi??
cating the actual net weight of the cheese contained therein, accord??
ing to the custom and understanding of the trade. Misbranding was?
alleged in the libel for the reason that the 150 boxes of cheese by?
the above-mentioned pencil figures incorrectly stated the weight or?
measure of the contents of the same and that said pencil figure did?
not correctly and completely state on the outside of the respective?
boxes the true or actual weight of the contents of same and that the?
marking and labeling was misleading in that the actual quantity of?
cheese contained in the 150 boxes of cheese was 2.94 per cent short?
of the marked weight. Misbranding was alleged for the further?
reason that there was nothing in the labeling of the 150 boxes of?
cheese to indicate that the actual net weight was less than the weight?
there given, and the branding was therefore misleading.
On January 26, 1912, the National Packing Co., Macon, Ga., claim??
ant, having admitted the allegations in the libel and having paid the?
costs of the proceedings, and presented a bond in the sum of $500?
m conformity with section 10 of the Act, judgment of condemnation?
and forfeiture was entered. and it was further ordered that the?
product should be released and delivered to said claimant.
JAMES WILSON,
Secretary of Agriculture.?
WASHINGTON, D. C, August 7, 1912.
57215??No. 1720?12