3427.?Misbranding  of  cheese.    TJ.   S.  v.   30  Boxes   or  Packages   of   Cheese.
Order of court releasing- product on bond.     (F. & D. No. 3121.     S. No.
1138.)
On October 31, 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 .30 boxes or packages of cheese remaining unsold in the?
original unbroken packages and in possession of Sehon, Stevenson & Co., a cor??
poration, Huntington, W. Va., alleging that the article had been transported?
from the State of Ohio into the State of West Virginia, and charging mis??
branding in violation of the Food and Drugs Act. The boxes were labeled,?
" Crosby & Meyers, Cincinnati, Ohio," and all the boxes bore figures indicating?
the weight corresponding to the amount entered in the invoice.
It was alleged in the libel that the product was misbranded and liable to?
condemnation and confiscable for the reason that said boxes or packages did?
not contain as many pounds of food or cheese as they purported to contain as?
evidenced by the weight markings on the outride of said boxes or packages, but?
contained fewer pounds of cheese than marked on the outside of said boxes or?
packages, and [said marks] were misleading and false so as to deceive and?
mislead the purchaser and [constituted] a misbranding within the meaning of?
the act.
On November 11, 1911, the said Sehon, Stevenson & Co., claimant, filed, in?
conformity with an order of court theretofore entered,
 its bond in the sum of?
$200, in conformity with section 10 of the act, for the release of the goods, con??
ditioned that said claimant should pay the costs of the proceedings and oblit??
erate the old brands on the boxes of cheese and rebrand the same, stating on?
said boxes the actual weight of the cheese therein.
D. F. HOUSTON, Secretary of Agriculture.
WASHINGTON, D. C, September 24, 1914.