938. Misbranding   of   Chagnon's   Slrotar.    TJ.   S.   v.   131   Bottles   of   Chagnon's
, Slrotar:    Consent   decree   of   condemnation.    Product   ordered   released
under bond for relabeling.     (F. D. C. No. 7858.    Sample No. 90894-E.)
On July 13, 1942, the United States attorney for the District of Rhode Island
filed a libel against 131 bottles of Chagnon's Sirotar at Arctic (West Warwick),
R. I., alleging that the article had been shipped in interstate commerce on or
about May 1, 1942, from Worcester, Mass., by Brewer & Co., Inc.; and charging
that it was misbranded. The label of the article bore a conspicuous pictorial
design of a cod fish.
Examination of the article failed to reveal the presence of cod liver oil
concentrate.
The article was alleged to be misbranded in that the statement "Cod Liver
Oil Concentrate," and the pictorial design of a cod fish borne on the label were
false and misleading as applied to an article which contained an inconsequential
amount, if any, of cod-liver oil concentrate as one of its ingredients. It was
alleged to be misbranded further in that its container was so made and filled
as to be misleading since the carton containing the bottle was excessively large.
On December 23, 1942, Chagnon's Family Drug Store, claimant, having ad-
mitted the allegations of the libel, judgment of condemnation was entered and
the product was ordered released under bond, conditioned that it be relabeled.