29835. Adulteration and misbranding of cheese.    U. S. v. 38 Boxes of Cheese.
Default decree  of condemnation and destruction.     [F. & D. No. 44286. 
Sample No. 38391-D.)
This case involved cheese that was deficient in fat and that contained exces- 
sive moisture.
On November 5, 1938, the United States attorney for the Eastern District of 
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 38 boxes of cheese at 
New Orleans, La.; alleging that the article had been shipped in interstate com- 
merce on or about October 4, 1938, by Devine Creamery Co. from Devine, Texas; 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act
The article was alleged to be adulterated in that a substance deficient in fat 
and containing excess moisture had been mixed and packed therewith so as to 
reduce or lower its quality and had been substituted wholly or in part for full 
cream or whole milk cheese, which it purported to be.
The article was alleged to be misbranded in that the statement "full cream," 
borne on the label, was false and misleading and tended to deceive and mislead 
the purchaser when applied to an article deficient in fat and containing excess 
moisture.
On November 25, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.