29667. Adulteration and misbranding of cheese.     tJ. S. v. 100 Cases of Cheddar
Cheese.     Decree   of  condemnation.     Product  released  under  bond for 
reprocessing.    (F. & D. No. 43677.   Sample No. 19174-Di)
This product was deficient in fat.
On September 2, 1938, the United States attorney for the Southern District 
of California, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 100 cases of 
cheese at Los Angeles, Calif.; alleging that the article had been shipped In 
Interstate commerce on or about July 30 and August 6, 1938, by the Brooklawn 
Creamery Co. from Panguitch, Utah; and charging adulteration and misbrand- 
ing in violation of the Food and Drugs Act. The article was labeled in part: 
"Whole Milk Cheddar Cheese."
Adulteration was alleged in that a substance deficient in fat had been mixed 
and packed with the article so as to reduce or lower its quality. Misbranding 
was alleged in that the statement "Whole Milk Cheddar Cheese" was false and 
misleading and tended to deceive and mislead the purchaser when applied to an 
article deficient in fat. It was alleged to be misbranded further in that it was 
offered for sale under the distinctive name of another article.
On October 20, 1938, the Brooklawn Creamery Co., claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree, 
judgment of condemnation was entered, and it was ordered that the product 
be released under bond conditioned that it be reprocessed under the supervision 
of this Department.
M. L. WILSON, Acting Secretary of Agriculture.