£0809. Adulteration and Misbranding of cheese. U. S. v. 71 Boxes of 
Cheese. Decree of condemnation and forfeiture. Product re- 
leased nnder bond.     (F. & D. no. 28387.    Sample nos. 2602-A, 2603-A.)
This case involved an interstate shipment of cheese, samples of which were 
found to contain excessive moisture. Samples taken from a portion of the 
article also were found to be deficient in fat.
On June 9, 1932, the United States attorney for the Eastern District of Wis- 
consin, 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 71 
boxes of cheese, remaining in the original unbroken packages at Green Bay, 
Wis., alleging that the article had been shipped in interstate commerce on or 
about May 13, 1932, by M. Fitzgerald & Son, from Chicago, Ill., to Green Bay, 
Wis., and charging adulteration and misbranding in violation of the Food and 
Drugs Act.   The article was labeled in part: " Cheddar Cheese."
It was alleged in the libel that the article was adulterated in that a substance 
containing excessive moisture, and in the case of a portion, deficient in fat, 
had been substituted in whole or in part for cheese, which the article purported 
to be.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article.
On June 23, 1932, M. Fitzgerald & Son, Watertown, Wis., having appeared 
as claimant for the property, judgment of condemnation and forfeiture was 
entered, and it was ordered by the court that the product be released to the 
claimant upon payment of costs and the execution of a bond in the sum of $500, 
conditioned that it should not be sold or disposed of contrary to the provisions 
of the Federal Food and Drugs Act and all other laws.
R. G. TUGWELL, Acting Secretary of Agriculture.