10444. Misbranding of   shrimp.     U.   S.     *     *      *     v.   14   Cases     *     *     *     of
Shrimp.     Default   decree   of   condemnation,   forfeiture,   and   de- 
struction.    (F. & D. No. 15658.    Inv. No. 35428.    S. No. E-3766.)
On February 10, 1922, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel for the seizure and 
condemnation of 14 cases, each containing 4 dozen cans, of shrimp, remaining 
in the original unbroken packages or unsold at Cambridge, Mass.. alleging that 
the article had been shipped on or about September 15, 1921, by S. C. Goffin, 
from Fernandina, Fla., and transported from the State of Florida into the 
State of Massachusetts, and charging misbranding in violation of the Food 
and Drugs Act. The article was labeled in part: " St. Johns * * * Fresh 
Shrimp * * * The Smiling Brand * * * Packed By The Nassau Sound 
Packing Co.   Jacksonville, Fla.    S. C. Goffin, Proprietor."
Misbranding of the article was alleged in the libel for the reason that it was 
food in package form, and the quantity of the contents was not plainly and 
conspicuously marked on the outside of the package, since the stated quantity, 
to wit, " Net Weight Wet Pack 5| Ozs.," was incorrect and represented more 
than the actual contents of the package.
On May 16, 1922, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal. In carrying out 
the provisions of this decree the marshal turned the goods over to the commis- 
sioner of penal institutions of the city of Boston for use at the house of 
correction.
C. W. PUGSLEY, Acting Secretary of Agriculture.