10356. Adulteration and Misbranding of canned salmon.     TJ. S.    *      *     *     v.
1,000 Cases and 1,000 Cases of Canned Salmon. Default decrees 
of condemnation, forfeiture, and destruction. (F. & D. Nos. 15637, 
15640.    I. S. No. 9321-t.    S. Nos. E-3656, E-3661.)
On November 26 and 28,1921, respectively, the United States attorney for the 
Northern District of Georgia, acting upon reports by the Secretary of Agricul- 
ture, filed in the District Court of the United States for said district libels for 
the seizure and condemnation of 2,000 cases of canned salmon, remaining in
the original unbroken packages at Atlanta and Gainesville, Ga., or vicinity, 
alleging that the article had been imported from Vancouver, B. C, by the Kenai 
Packing Co., Seattle, Wash., and transported from Vancouver, B. C, into the 
State of Georgia, arriving at Atlanta on or about November 14, 1921, and charg- 
ing adulteration and misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: (Case) ".* * * Tails Pink Salmon Kenai 
Packing Co., Drier Bay, Alaska * * *"; (cans) "Kay-Square Brand 
Select Pink Salmon * * * Keen-Eye Inspection. Fresh Fish. Clean Can- 
neries    *    *    *."
Adulteration of the article was alleged in the libels for the reason that it 
consisted wholly or in part of a filthy, decomposed, and putrid animal sub- 
stance, to wit, spoiled, putrid, and rotten salmon.
Misbranding was alleged in substance for the reason that the statement ap- 
pearing in the labeling of both consignments of the article, " Keen-Eye Inspec- 
tion," and the additional statement, " Fresh Fish," appearing in the labeling 
of a portion of the said article, and the statement, " Fresh Fish Inspected," 
appearing in the labeling of the remainder thereof, were false and misleading 
in that they misled the purchaser and created in the mind of the purchaser the 
belief that the said article had been carefully inspected and was sound and 
wholesome as an article of food, whereas, in truth and in fact, it was not.
On March 8, 1922, no claimant having appeared for the property, judgments 
of condemnation and forfeiture were entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.