28793. Adulteration and misbranding of cheese.    U. S. v. 41 Cases of Cheese.
Consent decree of condemnation.     Product released under bond.    (F. &D.
No. 41998.   Sample No. 15090-D.)
This product was deficient in fat.
On March 18, 1938, the United States attorney for the District of Oregon, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 41 cases of cheese at Portland, 
Oreg., alleging that the article had been shipped in interstate commerce on or 
about February 4, 1938, from Seattle, Wash., by the Walter Ely Co., and charg- 
ing adulteration and misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: "Walter Ely Co. Seattle W."
It was alleged to be adulterated in that a substance deficient in fat had been 
mixed and packed with it so as to reduce or lower its quality, and in that a 
substance deficient in fat had been substituted in whole or in part for the 
article
It was alleged to be misbranded in that it was offered for sale under the 
distinctive name of another article, cheese.
On March 30, 1938, the Walter Ely Co., claimant, having consented to the 
entry of a decree, judgment of condemnation was entered and the product was 
ordered released under bond conditioned that it be reconditioned and relabeled.
M. L. WILSON, Acting Secretary of Agriculture.