NOTICE OF JUDGMENT NO. 2441.
(Given pursuant to section 4 of the Food and Drugs Act.)
V. S. T, IT Boxes of Cheese.    Decree of ©onclemnn/Mon lay default.    Product
ordered   sold.
MISBRANDING OF CHEESE.
On May 31, 1912, the United States Attorney for the Western 
District of Kentucky, acting upon a report by the Secretary of Agri- 
culture, filed in the District Court of the United States for said 
district a libel for the seizure and condemnation of 17 boxes, each 
containing one cheese, remaining unsold in the original unbroken 
packages and in possession of the Kentucky Grocery Co. (Inc.), Louis- 
ville, Ky., alleging that the product had been shipped on May 20, 
1912, by J. F. Rappel & Co., Manitowoc, Wis., and transported from 
the State of Wisconsin into the State of Kentucky, and charging mis- 
branding in violation of the Food and Drugs Act. The product was 
labeled: " Wisconsin Full Cream Cheese Pioneer Whole Milk Made 
expressly for Kentucky Gro. Co., Louisville, Ky. J. F. Rappel & 
Co., Sole Manufacturers and Distributors, Manitowoc, Wis., Dis- 
tributors of Daisies, Twins, and Singles, Long Horns, Young- 
Americas, Squares, all Styles.", and each box also bore a penciled 
figure, indicating the net weight of the cheese contained therein.
Misbranding of the product was alleged in the libel for the reason 
that upon each of the boxes there was a penciled number in arabic 
numerals, which was intended by the manufacturer and shipper of 
the product to indicate the net weight in pounds of the cheese con- 
tained in the packages, and it was the custom of the trade in cheese 
in the United States to so mark the net weight of cheeses shipped in 
interstate and intrastate commerce by the use of arabic numerals
96087°—No. 2441—13
alone, and such numerals so appearing without any word or symbol 
to indicate the words " pounds," were and still are understood by and 
among the cheese trade of the United States to indicate the net 
weight in pounds of the cheese contained in such packages, and the 
product was billed and invoiced at the net weights respectively, as 
aforesaid indicated in pounds by said penciled numbers upon the 
original packages respectively, whereas, in truth and in fact, the 
actual net weight of the cheese contained in each of the original 
packages was less than the weight as aforesaid indicated upon the 
outside of the packages by the use of said arabic numerals.
On October 14,1912, no claimant having appeared for the property, 
judgment of condemnation and forfeiture was entered, and it was 
further ordered that the product should be sold by the United States 
marshal. On February 5,1913, an amended order of sale was entered 
in the case, authorizing the sale of the product, after advertisement, 
at public auction to the highest bidder.
WILLIS L. MOORE, 
Acting Secretary of Agriculture*
WASHINGTON, D. C, March 3,1913.
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