S. No. 271.
F. & D. No. 716.	
Issued June 16,1910.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 365, FOOD AND DRUGS ACT.
MISBRANDING OF CANNED FISH.
On or about June 3, 1909, the Monterey Packing Company, of?
Monterey, Cal., shipped from the State of California to the State of?
New York 63 cases of canned fish labeled "Broiled California Mack??
erel?Pilchard or Sardinia Caeruleus, packed at Monterey, Cal."?
Examination of samples of this product made by the Bureau of Chem??
istry, United States Department of Agriculture, showed it to be mis-?
branded within the meaning of the Food and Drugs Act of June 30,?
1906. As it appeared from the findings of the analyst and report?
made that the said shipment was liable to seizure under section 10?
of the act, the Secretary of Agriculture reported the facts to the?
United States attorney for the Southern District of New York.
In due course a libel was filed against the said 63 cases of canned?
fish charging misbranding, in that each can was labeled "Broiled Cali??
fornia Mackerel?Pilchard or Sardinia Caeruleus," which form of?
labeling was false and misleading, in that the product contained in?
each of said cans was not broiled California mackerel but was Cali??
fornia sardine, and also the words "Pilchard or Sardinia Caeruleus,"?
w^ere printed on said cans in very small insignificant letters noticeable?
only upon close inspection, and were further misbranded, in that the?
product was offered for sale under the distinctive name of another?
article, and praying seizure, condemnation, and forfeiture.
On September 14, 1909, the case came on for hearing and the court?
rendered its decree of condemnation and forfeiture, and directed that?
the goods be released to the owners upon payment of costs and the?
filing of a bond conditioned that the said goods should not be disposed?
of contrary to the laws of the United States or of any State, Territory,?
or insular possession thereof.
This notice is given pursuant to section 4 of the Food and Drugs?
Act of June 30, 1906.
JAMES WILSON,?
Secretary of Agriculture.
WASHINGTON, D. O, May 19,1910.
44151?No. 365?10