5673. Adulteration and misbranding of  grated  cheese.    V.   S.  v.  XO  Cases   of
Grated Cheese (and 4 other seizure actions against grated cheese). 
Default decrees of condemnation and destruction. (F. D. C, Nos 10817, 
12053 to 12055, incl., 12112. Sample Nos. 20708-F, 51183-F, 511844F, 76121-F, 
79219-F.) 
Examination showed that this product contained rodent hair fragments and 
that one lot, 10 eases, also contained other hair fragments and insect fragments. 
Examination showed further that the article contained from 15 to 40 percent 
of added dried skim milk powder.
Between September 23, 1943, and April 1, 1944, the United States attorneys 
for the Districts of Massachusetts and Connecticut, the Eastern District of 
Pennsylvania, and the District of Columbia filed libels against 10 cases, each 
containing 12 jars, of grated cheese at Lynn, Mass., 6% cases, each containing 12 
dozen canisters, of grated cheese at West Haven, Conn., 44 containers and 115 
dozen canisters of grated cheese at Philadelphia, Pa., and 30 boxes, each con- 
taining 12" canisters, of grated cheese at Washington, D. 0., alleging that the 
article, which had been consigned within the period from on or about August 
18, 1943, to -February 16, 1944, had been shipped by Wm. Faehndrich, Inc., 
New York, N. Y.; and charging that it was adulterated and misbranded. It 
was labeled in part: (Jar) "Famosa Brand Pure Argentina Parmesan Grated 
Cheese," or (canisters) "Famous Brand * * * Grated Made of Imported 
and Domestic Cheese."
The product was alleged to be adulterated in that it consisted in whole or in 
part of a filthy substance; in that dried skim milk had been added to or mixed 
or packed therewith so as to reduce its quality or strength; and in that sub- 
stances containing varying amounts of added dried skim milk had been substi- 
tuted for the article. The lots at Lynn, West Haven, and Washington were 
alleged to be adulterated further in that they had been prepared and packed 
under insanitary conditions whereby they might have become contaminated with 
filth.
All lots were alleged to be misbranded in that the following statements in 
tlieir respective labeling were false and misleading: (Lynn) "Pure Parmesan 
Grated Cheese" ; (West Haven) "Grated Cheese," and "15% added Milk Solids" ; 
(Philadelphia, 44 containers) "Gratgd Cheese"; (Philadelphia, 115 dozen can- 
isters) "Grated Cheese," "15% Added Milk Solids," or "An All Cheese Product"; 
and (Washington) "Grated * * * Cheese * * >* An All Cheese Prod- 
uct," or "Grated Cheese * * * 15% added Milk Solids." Misbranding was 
alleged further with respect to the lots at Lynn and Washington and the lot of 
115 dozen canisters at Philadelphia in that they were fabricated from two or 
more ingredients and their labels failed to bear the common or usual name of 
each such ingredient.
Between November 22, 1943, and May 12, 1944, no claimant having appeared, 
judgments of- condemnation were entered and the product was ordered 
destroyed.