20788. Adulteration and Misbranding of process Swiss cheese. 17. S. v. 86 
Boxes of Cheese. Default decree entered. Product delivered to 
charitable institution..   (F. & D. no. 29757.   Sample nos. 2961-A, 2971-A.)
This case involved an interstate shipment of process Swiss cheese that was 
deficient in fat.
On January 17,1933, the United States attorney for the District of Minnesota, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States a libel praying seizure and condemnation of 86 boxes of 
cheese at Minneapolis, Minn., alleging that the article had been shipped in 
interstate commerce, on or about December 7, 1932, by the Kraft-Phenix Cheese 
Corporation, from Green Bay, Wis., to Minneapolis, Minn., and charging adul- 
teration and misbranding in violation of the Food and Drugs Act. The article 
was labeled in part: "Kraft Pasteurized Process Swiss Cheese Kraft-Phenix 
Cheese Corporation,    *    *    *    Chicago."
It was alleged in the libel that the article was adulterated in that a substance 
deficient in fat had been substituted for the article.
Misbranding was alleged for the reason that the statement on the label, 
"Process Swiss Cheese", was false and misleading and deceived and misled 
the purchaser when applied to a product deficient in fat.   Misbranding was 
alleged for the further reason that the article was offered for sale under the . 
distinctive name of another article.
On March 30, 1933, no claimant having appeared, judgment was entered 
ordering that the product be destroyed. On April 10, 1933, the decree was 
modified to permit delivery of the cheese to charitable institutions in view of 
the fact that it was fit for human consumption.
R. G. TTJGWBLI., Acting Secretary of Agriculture.