Repeated Illegal Marketing of Imports as “ ” by Pete Hardin

Question: How can the following be labeled as “Wisconsin Cheese,” bearing the Wis- consin Milk Marketing Board’s logo? •English Stilton ($16.59/lb.)? •Swiss Emmentaler ($13.19/lb.)? ‚ •German Swiss $6.49/lb.)? •Swiss Gruyere ($17.09/lb.)? •Danish Blue ($10.79/lb.)? ƒ •Danish Havarti ($5.97/lb.)? •French Brie ($10.39/lb.)? •Raclette Cheese (Product of France $12.09/lb.)? „ Answer: Not legally. But, one firm does.

Same circus. Same clowns. In mid-January 2012, The Milkweed purchased Illegal, ILLEGAL, ILLEGAL! nine different cheeses labeled and sold as “Wiscon- sin Cheese” … despite the fact that those cheeses are by Pete Hardin turers label lists “Product of Switzerland” on the imports. Blatant, widespread labeling violations are back side, the distributor makes a false claim that found in these products, including: How many ways can one piece of fancy ($17.09 the product is “Crafted in Wisconsin.” per pound) cheese be illegal? Let’s count! This cheese „ The package fails to list the distributor and * Mislabeling imported products as “Wiscon- product is labeled “Swiss Gruyere” – an upscale vari- the distributor’s physical address – another viola- sin Cheese,” “Crafted in Wisconsin,” and “Cheese ety of Swiss cheese imported from Switzerland: tion that continues after a year-ago warning.

Made in Wisconsin.” ‚ This cheese package fails to include the * Numerous failures to list the federally-man- Use of the Wisconsin Milk Marketing mandatory federal nutrition information panel. dated Nutrition Information Panel on cheeses. Board’s “Wisconsin Cheese” logo on imported Graphics depicting a cow bell-wearing Brown- * Failure to list the physical address of the cheeses is a violation of the user’s agreement that Swiss, grassy meadows, beautiful Swiss Alps, and manufacturer/distributor in some instances – another WMMB requires. JS Foods was warned by the Swiss flag are all very pretty. But federal law violation of federal rules. WMMB officials more than a year ago about this. mandates the nutrition information panel. * Mislabeling processed products as a “Smoked ƒ Despite the fact that the original manufac- Gouda” – a clear-cut example of adulteration. Four of those imported cheeses bearing the “JS” that lists “water” as the second leading ingredient. In late January, this publication’s edi- label purchased at Woodman’s contained the address The Netherlands is the major supplier of processed tor/publisher submitted a formal complaint about listing: “P. O. Box 108, Sun Prairie, WI, 53590.” Two “smoked Gouda” rounds – due to the fact that there’s illegal marketing of imported cheeses as “Wisconsin of those cheeses competely failed to list the distribu- a lot of trim generated in The Netherlands that’s Cheese” to the Wisconsin Department of Agricul- tor and the distributor’s physical location. refashioned into smoked Gouda . ture, Trade and Consumer Protection (DATCP). Hard to believe, but back in November 2010 Yet another violation of labeling food labeling WMMB alerted, goes ballistic The Milkweed editor/publisher submitted a com- laws is clear from several of these clearly illegal Prior to submitting a formal complaint to DATCP, plaint to DATCP focusing on similar violations by cheese samples purchased recently: NO MANDA- WMMB was notified of these repeat violations on the same distributor – JS Brands of Wisconsin – TORY NUTRITION INFORMATION PANEL. products distributed by JS Foods, Steve’s Wholesale, of the above-cited imported cheeses mislabeled as Three of the eight cheese products purchased at and Weyauwega Star Dairy. One week later, when this “Wisconsin Cheese.” Woodman’s contained no nutrition information pro- reporter visited the Woodman’s store on Madison’s file (English Stilton, French Brie, and Swiss west side, all of the offending, mislabeled imported DATCP took corrective action on December 1, Emmentaler). Meanwhile, ZERO of the four prod- cheeses had been cleared out of the store! 2010 and issued a stiff warning letter to the firm – ucts purchased at Bill’s Food Center contained the A source at WMMB confirmed that the offend- doing business as “Steve’s Wholesale.” JS Brands required nutrition information panel. ing firm had been threatened with loss of use of of Wisconsin and Steve’s Wholesale are tied to WMMB’s “Wisconsin Cheese” logo if any further Weyauwega Star Dairy of Weyauwega, Wisconsin. REPEAT BEHAVIOR! DATCP’S Decem- such violations ever occurred! DATCP’s warning letter, dated December 1, 2010, ber 1, 2010 warning letter to Steve’s Wholesale, determined that: LLC contained the following paragraph: Massive, repeated, serial violations! Consumers deserve honest, properly labeled “… Smoked Gouda product is mislabeled.” “Noted on several cheese labels at the Wood- Wisconsin cheese! The repeated failure to properly Further, … “several imported cheeses being labeled man’s stores were labels that did not include the label cheeses by JS Brands of Wisconsin/Steve’s and sold carried the ‘Wisconsin Cheese’ sticker on nutrition facts. All retail packages of food are to Wholesale, LLC/Weyauwega Star Dairy go beyond the labeling. Imported cheeses are not made in Wis- contain a nutritional information panel as part of mere abuse of Wisconsin’s cheese heritage by label- consin, thus can not carry the ‘Wisconsin Cheese’ the label, which is in compliance with 21 CFR 101.9. ing imports as “Wisconsin Cheese.” logo. Federal import laws and the CFR prohibit this Looks like JS Brands of Wisconsin, Steve’s type of activity. Wholesale LLC, and Weyauwega Star Dairy No nutrition information labels? “Declaration of Responsibility labeling of your screwed up again. dairy products was also inaccurate and misleading. No proper address of the manufactur- Again, under 21 CFR 101 and ATCP 90, any food ALL EIGHT of the varieties in question pur- er/distributor on some of these cheeses? product that is mislabeled is considered adulterated. chased at Woodman’s bear the logo of the Wisconsin “The labels attached to your dairy products Milk Marketing Board (WMMB): a circular logo con- No listing of the manufacturer/distributor on contained the following information: JS Brands of taining the words “Wisconsin Cheese” with a forearm some cheese products? Wisconsin, P. O. Box 108, Sun Prairie. This is unac- holding a piece of cheese in the foreground and a ceptable.” dairy farm in the background. WMMB’s contract with firms using that logo specify the cheese must be Repeated labeling as “Smoked Gouda” of a processed cheese product? That letter from DATCP further noted: made in Wisconsin. Those same imported cheeses also contained the descriptor: “Crafted in Wisconsin.” Adorning “Swiss Gruyere” as “Wisconsin “The label is to contain: The legal name of the Cheese” when, in fact, that product carried a label on business and the physical address of the business. An additional three imported cheeses bearing the back identifying it as “Product of Switzerland.” You may not use a P. O. Box address. The zip code descriptors claiming “CHEESE MADE IN WIS- is to be included. Your dairy plant number is to be CONSIN” were purchased at Bill’s Food Center in JS Brands of Wisconsin/Steve’s Wholesale, included on the label. If the product is not manufac- Oregon, Wisconsin. Those cheeses were distributed LLC/Weyauwega Star Dairy has subsequently and tured by your plant, then the phrase ‘Distributed by’ by Weyauwega Star Dairy, Weyauwega, Wisconsin. repeatedly violated every single violation cited by shall be added to the label.” Those cheeses included “Danish Blue,” Danish Havarti Cheese,” “Swiss Gruyere.” The distributor DATCP’s December 1, 2010 warning letter. What’s Repeated Violations was responsible for pricing and labeling those misla- next for this serial behavior that defrauds consumers, beled products, not the local super market. Wisconsin dairy farmers and honest manufactur- NONE of the labels of the eight products pur- ers/distributors of Wisconsin cheese??? chased recently at the Woodman’s Supermarket on Further a product purchased at Bill’s Food Cen- Madison’s west side were in legal compliance with Does DATCP have the gumption to enforce the identity/address of the manufacturer/distributor. ter labeled “Smoked Gouda” is very likely an import – and additionally mislabeled as a natural cheese law against these serial violators of cheese labeling because the product appears to be a processed product laws? 8— The Milkweed • February 2012