26534. Adulteration and misbranding of cheese. U. S. v. Sunrise Dairy Products, 
Inc. Plea of guilty. Fine, $50 and costs. (F. & D. no. 37007. Sample 
nos. 42609-B, 50290-B.)
This case involved cheese that was deficient in milk fat and contained 
excessive moisture.
On April 30, 1936, the United States attorney for the Northern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against Sunrise Dairy Products, Inc., Fremont, Ohio, 
alleging shipment by said defendant in violation of the Food and Drugs Act 
on or about October 2 and October 15, 1935, from the State of Ohio into the 
State of New York of a quantity of alleged whole milk cheese that was 
adulterated, and of a quantity of alleged full cream cheese that was adulterated 
and misbranded in violation of the Food and Drugs Act.
The article represented to be whole milk cheese was alleged to be adulterated 
in that a product containing in the water-free substance less than 50 percent 
of milk fat, had been substituted for cheese, a product containing in the water- 
free substance not less than 50 percent of milk fat, which the article purported 
to be. The article represented to be full cream cheese was alleged to be adul- 
terated in that a product containing an excessive amount of moisture, i. e., more 
than 39 percent of water, and containing in the water-free substance less than 
65 percent of milk fat, namely, not more than 46.75 percent of milk fat, had 
been substituted for cream cheese, i. e., a product which should contain in 
the water-free substance not less than 65 percent of milk fat, which the article 
purported to be.
The latter product was alleged to be misbranded in that the statement "Full 
Cream Cheese", borne on the boxes, was false and misleading, since said state- 
ment represented that the article was cream cheese, a product containing not 
more than 39 percent of moisture and containing in the water-free substance 
not less than 65 percent of milk fat, whereas it contained not less than 40.89 
percent of water and not more than 46.75 percent of milk fat; in that it was 
labeled as aforesaid so as to deceive and mislead the purchaser into the belief 
that it was cream cheese; and in that it was offered for sale under the dis- 
tinctive name of another article, namely, cream cheese.
On September 10, 1936, the defendant entered a plea of guilty and the court 
imposed a fine of $50 and costs.
M. L. WILSON, Acting Secretary of Agriculture.