9721. Adulteration and misbranding of grated cheese. II. S. v. Wm. Faehndrich, 
Inc., and Rudolph H. Faehndrich. Pleas of guilty. Fine, $750 against 
corporate defendant. Suspension of imposition of sentence against indi- 
vidual defendant.    (F. D. C. No. 12607.   Sample No. 35253-F.)
INFORMATION FILED : August 29,1945, Southern District of New York, against Wm. 
Faehndrich, Inc., New York, N. Y., and Rudolph W. Faehndrich, president of the 
corporation.
ALLEGED SHIPMENT: February 20, 1944, from the State of New York into the 
State of Florida.
PRODUCT: This product was packed under two different labels. One label repre- 
sented it to be an all cheese product; the other, a mixture of cheese with 15 
percent added milk solids. Examination of samples showed that both lots 
contained approximately 35 percent of dried skim milk, and that they con- 
tained filth.
LABEL IN PART :    "Famous Brand   *    *    *   Grated   *    *    *    Cheese."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted 
in whole or in part of a filthy substance by reason of the presence of rodent 
hair fragments, a rodent excreta pellet fragment, a human hair fragment, 
and a cow hair fragment; Section 402 (a) (4), it had been prepared, packed, 
and held under insanitary conditions whereby it may have become contami- 
nated with filth; Section 402 (b) (2), (portion) a substance consisting of 
grated cheese and added dried skim milk had been substituted in whole or in 
part for grated cheese, and (remainder) a mixture of about 65 percent of 
grated cheese and about 35 percent of added dried skim milk had been sub- 
stituted for a mixture of 85 percent of grated cheese and 15 percent of added 
milk solids; and, Section 402 (b) (4), (portion labeled "An All Cheese Prod- 
uct") dried skim milk had been added to the article and mixed and packed 
with it so as to reduce its quality.
Misbranding, Section 403, (a), (portion) the statements on the labels, 
"Grated Cheese" and "An All Cheese Product," and (remainder) "Grated 
Cheese" and "15% Added Milk Solids," were false and misleading; Section 403 
(b), the article was offered for sale under the name of another food; and, 
Section 403 (i) (2), its labels did not bear the common or usual name of one 
of its ingredients, i. e., dried skim milk.
DISPOSITION: November 1, 1945. Pleas of guilty having been entered on be- 
half of both defendants, the court imposed a fine of $250 on each of the 3 counts 
against the corporate defendant. Imposition of sentence against the individual 
defendant was suspended, and he was placed on probation for a period of 1 day.