S. No. 458.
E\ & D. No. 1267.	
Issued August 30, 1910.
United States Department of Agriculture,
OFFICE   OF   THE   SECRETARY.
NOTICE OP JUDGMENT NO. 490, FOOD AND DRUGS ACT,
MISBRANDING  OF  SARDINES.
On or about February 7, 1910, there were shipped from the State?
of Maine to the State of Massachusetts 150 cases of canned sardines?
labeled " Victor Renee Brand, American Sardines in Oil, Selected?
Quality, Packed for Northern Maine Packing Company, Corinna,?
Maine. Guarantee Legend Serial No. 9049. These Sardines are?
Extra Selected Fish, fried by French Process in Finest Quality Salad?
Oil." Examination of samples of this product made in the Bureau?
of Chemistry, United States Department of Agriculture, showed it?
to be misbranded 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 product was liable to seizure under section 10?
of the act, the Secretary of Agriculture reported the facts to the?
United States attorney for the District of Massachusetts.
In due course a libel was filed in the District Court of the United?
States for said district against said 150 cases of canned sardines,?
charging misbranding within the meaning of the act, in that they?
were labeled in a manner to deceive and mislead the purchaser, the?
statement " These sardines are extra selected fish, fried by French?
process in the finest quality salad oil " being false, because said fish?
were not packed in salad oil but in cottonseed oil, and praying seizure,?
condemnation, and forfeiture of the product. Whereupon Rosenstein?
Brothers, a corporation, filed a claim to the ownership of said 150?
cases and petitioned that the product be delivered to claimant, in view?
of the fact that it had paid the costs of the proceedings and executed?
and delivered a good and sufficient bond conditioned that the product?
should not be sold or disposed of contrary to law.
52796??No. 490?10
The case coming on to be heard, the court entered its decree grant??
ing the petition above set forth and ordering the delivery of the 150?
cases of sardines to the claimant, which order was forthwith executed.
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. C., June 25,1910.
490