7015.  Adulteration   and   misbranding   of   cheese.    TJ.   S.    *    *    *   v.   Frank 
Hoovei- and Merton J. Hoovei* (F. Hoover & Son).    Pleas of g-uilty.
Fine, $50.     (F. & D. No. 9306.    I. S. No. 3854-p.)
On November 20, 1918, the United States attorney for the Northern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for said district an information against 
Frank Hoover and Merton J. Hoover, copartners, trading under the firm name 
and style of F. Hoover & Son, Sterlingville, N. Y., alleging shipment by said 
defendants, in violation of the Food and Drugs Act, on or about January 17, 
1918, from the State of New York into the State of Massachusetts, of a quan- 
tity of an article, to wit, cheese, labeled in part " Whole Milk," which was 
adulterated and misbranded.
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed the following results:
Per cent.
Solids 
43.93
Water 
56.07
Fat 
16.47
Nitrogen 
3.27
Protein (NX6.25) 
20.43
Fat  (water-free basis) 
37.49
Fat: Protein - 1:1.2. 
Analysis shows this product to be made from partly skimmed milk.
Adulteration of the article was alleged in the information for the reason 
that a product prepared from skimmed milk or partly skimmed milk had been 
substituted in whole or in part for whole milk cheese, which the article, by its 
invoice of sale, purported to be.
Misbranding of the article was alleged in substance for the reason that the 
statement, to wit, on shipping case, " Whole Milk," was false and misleading 
in that it purported that said -article was prepared from whole milk and was 
a whole milk cheese, and for the further reason that it was labeled as afore- 
said so as to deceive and mislead the purchaser into the belief that the same 
was prepared from whole milk and was a whole milk cheese, whereas, in truth 
and in fact, it was not a whole milk cheese, but was a cheese prepared from 
skimmed, or partly skimmed, milk.
On January 6, 1919, the defendants entered pleas of guilty to the informa- 
tion, and the court imposed a fine of $50.
E. D. BALL, 
Acting Secretary of Agriculture.