4546. Adulteration and misbranding of cheese sandwiches.    IT. S. v. 36 Boxes of
Cheese Sandwiches. Default decree of condemnation. Product de- 
stroyed.     (F. D. C. No. 8860.    Sample No. 22446-F.)
On September 16, 1942, the United States attorney for the Middle District of 
Pennsylvania filed a libel against 36 boxes, each containing 24 packages, of 
cheese sandwiches at Wilkes-Barre, Pa., alleging that the article had been 
shipped in interstate commerce on or about August 25, 1942, by King Kpne 
Corporation from New York City, N. Y.; and charging that it was adulterated 
and misbranded. The article was labeled In part: (Front of package) "Old 
London Cheese Sandwich."
The article was alleged to be adulterated (1) in that a valuable constituent, 
cheese, had been in whole or in part omitted; (2) in that a wafer sandwich 
containing a filling of cheese, cornstarch, edible oil other than butterfat, and 
artificial coloring, had been substituted wholly or in part for "Old London Cheese 
Sandwich"; (3) in that inferiority had been concealed by the addition of arti- 
ficial coloring; and (4) in that edible pi} other than butterfat, artificial coloring,
and cornstarch, had been added to the article or, mixed or packed with it so as 
to make it appear better or of greater value than it was.
It was alleged to be misbranded in that the names (box) "Old London Cheese 
Sandwiches" and (package). "Old London Waflie Cheese Sandwich", were-false 
and misleading, and (2)'In,-that the statement of ingredients required by the 
act to appear on the label or labeling was not prominently placed thereon with 
such conspicuoushess (as compared with other words, statements, designs^ or 
devices in the labeling) as to render it likely to be read by the ordinary indi- 
vidual under customary conditions of purchase and use, since the statement-trots 
printed on the bottom of the small packages and, as they were displayed, 
' would have been invisible to the purchaser.
On April 26, 1943, no, claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered to a charitable Institution. 
Examination having showed, that the product was unfit for human consumption 
It was destroyed by the marshal.