21087. Adulteration  and Misbranding of  Swiss cheese.     V.  S.  v.  1 Wheel
of Swiss Cheese, et al.    Default decree of condemnation and for- 
feiture.    Product  delivered to  Government agency.     (F. & D.  no.
29841.    Sample nos. 27883-A, 27884-A, 27895^-A.)
This case involved the interstate shipment of a product represented to be 
Wisconsin Swiss cheese. The article was found to contain less than 45 percent 
•of fat on a dry basis and was accordingly adulterated and misbranded, since
the Wisconsin State law requires a fat content of at least 45 percent on a dry 
basis for such cheese.
On February 14, 1933, the United States attorney for the Northern District 
?of California, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of five wheels of 
cheese at San Francisco, Calif., alleging that the article had been shipped in 
interstate commerce, on or about December 1, 1932, by Carl Marty & Co., from 
Monroe, Wis., and charging adulteration and misbranding in violation of the 
Food and Drugs Act. One wheel was labeled in part: " Meadow Grove Swiss 
Cheese."
It was alleged in the libel that the article was adulterated in that a substance 
containing less than 45 percent of fat on a dry basis had been substituted for 
Swiss cheese, which the article purported to be.
Misbranding was alleged for the reason that the following statements on the 
labels were false and misleading and deceived and misled the purchaser, when 
applied to a product containing less than 45 percent of fat on a dry basis: 
(First lot, one wheel) " Swiss Cheese Wisconsin Dept. of Agriculture and 
Markets Wisconsin Fancy"; (second lot, three wheels) "Wisconsin Dept. of 
Agriculture and Markets Wisconsin Standard"; (third lot, one wheel) "Wis- 
consin Department of Agriculture and Markets Wisconsin Open Standard." 
Misbranding of the lot labeled, " Meadow Grove Swiss Cheese", was alleged 
for the further reason that the article was offered for sale under the distinctive 
name of another article.
On May 18, 1933, no claimant having appeared for the property, and the 
court having found that the deficiency in fat did not render the article un- 
wholesome or unfit for food, judgment of condemnation and forfeiture was 
entered, and it was ordered by the court that the product be delivered to the 
United States Army engineer at San Francisco.
M. L. WILSON, Acting Secretary of Agriculture.