7216. Misbranding of cheese.   U.S.   *   *   *   v. 54 Cartons of Cheese.   Consent decree of con 
demnation and forfeiture. Product ordered released on bond. (F. & D. No. 9915. 
I. S. Nos. 8807-r, 8810-r, 8811-r, 8813-r, 8814-r.   S. No. C-110G.)
On March 19, 1919, the United States attorney for the Eastern District of Wisconsin, 
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 54 cartons 
of cheese, remaining unsold in the original unbroken packages at Milwaukee, Wis.,
alleging that the article had been shipped on or about February 18, 1919, by J. L. 
Ki*aft & Bros. Co., Chicago, Ill., and transported from the State of Illinois into the 
State of Wisconsin, and charging misbranding in violation of the Food and Drugs 
Act, as amended. The article was labeled in part, "Elkhorn Limberger Cheese, " 
"Elkhorn-Roquefort-American Cheese," "Elkhorn Swiss Cheese," "Elkhorn 
Kraft Cheese-Pimento Flavor," "Elkhorn Kraft Cheese, American Cheddar, " and 
"J. L. Kraft & Bros. Co., Chicago, Ill."
Misbranding of the article was alleged in the libel for the reason that the labels on 
the cans containing the article bore the statement that each can contained I pound of 
cheese, which was false and misleading inasmuch as the contents of the cans were 
less than that amount, averaging in percentage from 3.75 per cent to 9.87 per cent 
shortage in weight,, and for the further reason that the statement, "Contents One 
Quarter Pound," deceived and misled'the purchaser. Misbranding of the article 
was alleged for the further reason that it was food in package form, and the quantity 
of the contents was not plainly and conspicuously marked on the outside of the pack- 
age in the terms of weight, since the amount stated was not a correct statement of 
the food contained in each package or can.
On May 10, 1919, the said J. L. Kraft Bros. & Co., claimant, having consented to a 
decree, judgment of condemnation and forfeiture was entered, and it was ordered by 
the court tbat the product should be delivered to said claimant upon the payment of 
the costs of the proceedings and the execution of a bond in the sum of $200, in con- 
formity with section 10 of the act, conditioned in part that the product should be 
relabeled under the supervision of a representative of this department.
E. D. BALL, Acting Secretary of Agriculture.