3981. Misbranding of cheese.   U. S. v. 163 Boxes of Cheese.   Consent decree of condemna??
tion and forfeiture.   Product released on bond.   (F. & D. No. 4832.   S. No. 1589 )
On November 22, 1912, the United States attorney for the Middle District of Ala??
bama, 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 68?
boxes of cheese of about 23 pounds each, and 95 boxes of paraffined cheese of about?
22 pounds each, remaining unsold in the original unbroken packages and in possession?
of the Winter-Loeb Grocery Co., Montgomery, Ala., alleging that the 68 boxes had?
been shipped on October 28, 1912, and the 95 boxes on November 6, 1912, by Crosby?
& Meyers, Chicago, 111., from Nashville, Tenn., and transported from the State of?
Tennessee into the State of Alabama, and charging misbranding in violation of the?
Food and Drugs Act. The product was labeled: '' Striped Cheese is Burely full cream??
others may be. Oak Leaf Brand Cheese Winter-Loeb Grocery Co. Montgomery, Ala.?
Crosby & Meyers, Chicago, Shippers." (In pencil figures) "23." Each of the 68?
boxes bore the pencil figure "23 " and each of the 95 boxes bore the pencil figure "22,"?
said numbers indicating the contents in pounds in each box of cheese.
1914.]	SERVICE AND REGULATORY ANNOUNCEMENTS.	
197
Misbranding of the product was alleged in the libel for the reason that the weights?
of the cheeses were not plainly and correctly stated on the outside of the boxes, in?
that said cheeses were short in weight in the entire lot as to the 68 boxes of cheese in?
the amount of 87 pounds, and as to the 95 boxes of cheese in the amount of 106? pounds,?
particularly described in this, that the average shortage on each of the 68 boxes was?
5.7 per cent, and on each of the 95 boxes was 5 per cent, of the marked weight; that?
is to say, that the marked weight of said 68 boxes was 1,515 pounds and of the 95 boxes?
was 2,106 pounds, and the actual weight of the 68 boxes was 1,428 pounds and of the?
95 boxes was 1,999.75 pounds.
On December 4,1912, the said Winter-Loeb Grocery Co., claimant, having admitted?
the allegations in the libel, judgment of condemnation and forfeiture was entered,?
and it was ordered by the court that the product should be delivered to said claimant?
upon payment of the costs of the proceedings and the execution of bond, in conformity?
with section 10 of the act.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, March SO, 1914.