8021. Misbranding of sardines.   TJ. S. v. 38 Cases of Sardines.   Default decree of condemna??
tion and forfeiture.   Product ordered sold.   (F. & D. No. 4971.   S< No. 1643.)
On January 10, 1913, the United States attorney for the Southern District of Texas,?
acting upon a report by the Secretary of Agriculture, filed in the District Court of the?
United States for said district a libel for the seizure and condemnation of 38 cases of
Supplement.]    SEEVICB  AND BEGTJLATORY ANNOUNCEMENTS.	257
sardines remaining unsold in the original unbroken packages and in possession of the?
Schuhmacher Co., Houston, Tex., alleging that the product had been shipped from the?
State of Massachusetts into the State of Texas, and charging misbranding, in violation?
of the Foods and Drugs Act. The product was labeled: (On cases) "48 cans Size f.?
Federal Sardines in Mustard. Packed by Lubec Sardine Co., Lubec Maine." (On?
cans) "Federal, average net weight 11 ounces, American Sardines Packed in Mustard?
Sauce made-from selected mustard seed, vinegar, Cayenne pepper, salt and colored?
with turmeric. Packed at Lubec Washington Co., Maine by Lubec Sardine Co., Fac??
tories at Lubec and Belfast, Me.    Serial 8117."
Examination of samples of the product by the Bureau of Chemistry of this depart??
ment showed that the contents of the cans were 9.9 ounces on the average. Misbrand??
ing of the product was alleged in the libel for the reason that the cases, and the cans?
contained therein, did not contain, as they purported to contain, more than 9.9 ounces?
of sardines, and the labeling of the cans as containing 11 ounces of sardines was mis??
leading and false, so as to deceive and mislead the purchaser as to the contents of the?
cans, and the offering for sale of said cans and cases of sardines, branded as aforesaid,?
was a deceit and a misbranding within the meaning of the act aforesaid.
On February 25, 1913, no claimant having appeared for the property, judgment of?
condemnation and forfeiture was entered, and it was ordered by the court that the?
product should be sold by the United States marshal, after relabeling the cans as con??
taining 9.9 ounces of sardines, and that the costs of the proceedings should be paid?
out of the proceeds of the sale, and, if said proceeds were insufficient, the costs should?
be adjudged against said Schuhmacher Co. It was ordered, further, by the decree?
that the said Schuhmacher Co. might at any time before the sale pay all costs and exe??
cute bond in the sum of $200 in conformity with section 10 of the act.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, May 6, 1914.