5665. Adulteration and misbranding of cheese sandwiches.    J. S. v. 18% Dozen
Boxes of Cheese Sandwiches. Default decree of condemnation. Product 
ordered delivered to a charitable organization. (F. D. C. No. 7488. Sample 
No. 89752-E.)
This product consisted of sandwiches with filling which was essentially 50 
percent cheeese, 25 percent cornstarch, and 25 percent of an edible oil other 
than butterfat. The filling also contained some added coal-tar color which gave 
it the appearance -of" containing more cheese than was the case. Furthermore^ 
the net weight was not accurately declared.
On May 32, 1942, the United States attorney for the Southern District of New 
York filed a libel against 18% dozen boxes of cheese sandwiches at New York, 
N. Y., alleging that the article had been shipped in interstate commerce on or 
about April 15 and 23. 1942, by the Devonsheer Melba Corporation from West 
New York, N. J.; and charging that it was adulterated and misbranded. The 
article was labeled in part: "Macy's Lily White Melba Toast Cheese Sandwiches
\ Packed Expressly for R. H. Macy & Co. Inc., New York."
/ The article was alleged to be adulterated (1) in that a valuable constituent, 
namely, cheese had been in whole or in part omitted; (2) in that5 a Melba 
Toast Sandwich containing a filling of cheese, edible oil other than butterfat, 
cornstarch, and artificial coloring had been substituted wholly or in part for 
Melba Toast Cheese Sandwiches; (3) in that inferiority had been concealed by 
the addition of artificial coloring; and (4) in that edible oil other than butterfat, 
color, and cornstarch had been added thereto Or mixed or packed therewith so as
• to make it appear better or of greater value than it was.
It was alleged to be misbranded (1) in'. that the statement "Melba Toast 
Cheese Sandwiches" was false and misleading; (2) in that the statement "Net 
Weight 4 Oz." was false and misleading as applied to an article which weighed 
7 ounces; (3) in that it was in package form and did not bear a label containing 
an accurate statement of the quantity of contents; (4) in that it was fabricated 
from two or more ingredients and its label failed to bear the common or usual 
name of each ingredient; and (5) in that it contained artificial coloring and 
did not hear labeling stating that fact
On June 13, 1942, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered to a charitable institution.
CHICKEN NOODLE DINNER