26197. Misbranding of Roquefort  Spread.     U.  S. v. The Borden Sales  Co., Inc.
Plea of guilty.    Fine, $125.     (F. & D. no. 37053.    Sample nos.  50299-B, 
50610-B.)
This case involved Roquefort Spread that was short in weight.
On July 28, 1936, the United States attorney for the Northern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Borden Sales Co., Inc., at Antwerp, 
N. Y., alleging that on or about November 28, 1935, the defendant had shipped 
from the State of New York into the State of New Jersey, a quantity of Roque- 
fort Spread which was misbranded in violation of the Food and Drugs Act as 
amended. The article was labeled in part: (Jar) "5 Ozs. Net Borden's * * * 
Roquefort Spread Pasteurized Process Cheese The Borden Sales Company, 
Inc., New York—Chicago—San Francisco Distributors."
The article was alleged to be misbranded in that the statement "5 Ozs. Net", 
borne on the jars, was false and misleading and for the further reason that 
it was labeled so as to deceive and mislead the purchaser, since the jars con- 
tained less than 5 ounces net of the article. Misbranding was alleged for the 
further reason that the article was food in package form and the quantity of 
the contents was not plainly and conspicuously marked on the outside of the 
package.
On July 28, 1936, a plea of guilty was entered on behalf of the defendant 
company and the court imposed a fine of $125.
HABEY L. BBOWN, Acting Secretary of Agriculture.