2816.?Misbranding of cheese.   U. S. v. 150 Cheeses.   Product released on bond by order of the
court.   (F. & D. No. 3186.   S. No. 1169.)
On November 8, 1911, the United States Attorney for the Southern District of West?
Virginia, 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 cheeses remaining unsold in the original unbroken packages and in possession of?
Ruffner Bros., Charleston, W. Va., alleging that the product had been shipped from?
the State of Ohio into the State of West Virginia and charging misbranding in viola??
tion of the Food and Drugs Act. The product was labeled: "Crosby & Meyers, Cin??
cinnati, Ohio." There was also on each container of the product the consignor's?
name, markings of factory, lot number, and pencil figures, which, according to trade?
custom, were indicative of net weight corresponding to amount entered in invoice.
Misbranding of the product was alleged in the libel for the reason that the branding?
as aforesaid was misleading and false so as to deceive and mislead the purchaser, for?
the reason that none of the cheeses contained as many pounds of food or cheese as they?
purported to contain, as evidenced by the weight markings on the outside of said?
cheeses, as containing the number of pounds marked thereon.
On November 25, 1911, the said Ruffner Bros., a corporation, claimant, having?
declared its willingness to pay the costs of the proceeding and having executed a bond?
in the sum of $500 in conformity with section 10 of the act, it was ordered by the?
court that the product be delivered to said claimant upon payment of the costs of the?
proceedings and that the suit be dismissed.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, February S, 1914-