21170. Alleged adulteration and Misbranding of cheese.   TJ. S. v. Frank F.
Marquardt (F. F. Marquardt). Plea of guilty. Case ordered dis- 
missed.     (F. & D. no. 29518.    Sample nos. 8076-A, 8078-A, 8080-A.)
On May 20, 1933, the United States attorney for the Western District of 
Wisconsin, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Frank F. Marquardt, trading as F. F. 
Marquardt, Stratford, Wis., charging shipment by said defendant in violation 
of the Food and Drugs Act, on or about May 6, 1932, from the State of Wis- 
consin into the State of Pennsylvania, of a quantity of cheese that was alleged 
to be adulterated and misbranded.
The information charged that the article was adulterated in that a sub- 
stance, namely, an excessive proportion of moisture, i. e., water in excess of 39 
percent, had been substituted in part for the article.
The information further charged that the article was misbranded in that 
the statements, " Dept. of Agriculture Wisconsin State Brand" and " Dept. 
of Ag. & Markets Wisconsin State Brand ", borne on the boxes and cheese, 
were false and misleading, and for the further reason that the article was 
labeled as aforesaid so as to deceive and mislead the purchaser, since the 
said statements represented that it was cheese complying with a Wisconsin 
State standard and grade for American cheese, i. e., that it was cheese con- 
taining not more than 39 percent of moisture, whereas it did not comply with 
such standard, since it contained more than 39 percent of moisture.
On June 20, 1933, the defendant entered a plea of guilty to the information 
and the court ordered that the case be dismissed.
M. L. WILSON, Acting Secretary of Agriculture.