12780. Adulteration,  and  misbranding: of caviar.     U.   S.  v.  7  Cases,  et  al.,
of Caviar. Consent decree of condemnation and forfeiture. 
Product released under bond. (F. & D. No. 19009. I. S. Nos. 20417-v, 
20418-v.    S. No. W-1585.)
On September 22, 1924, the United States attorney for the Northern District 
of California, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 7 cases, each containing 6 dozen cans and 77 cans, of 
caviar, remaining in the original unbroken packages at San Francisco, Calif., 
alleging that the article had been shipped by the Austin Nichols Co. from New 
York, N. Y., in part March 20, 1924, and in part April 28, 1924, and transported 
from the State of New York into the State of California, and charging adultera- 
tion and misbranding in violation of the food and drugs act. The article was 
labeled in part: "Casino Brand Caviar Chelsea Packing Co. New York."
Adulteration of the article was alleged in the libel for the reason that a 
substance, an artificially colored roe other than sturgeon, had been substituted 
wholly or in part for the article.
Misbranding was alleged for the reason that the designation "Caviar" was 
false and misleading and deceived and misled the purchaser, and for the 
further reason that it was an imitation of and sold under the distinctive 
name of another article.
On October 10, 1924, the Austin Nichols Co., New York, N. Y., having 
appeared as claimant for the property and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon 
payment of the costs of the proceedings and the execution of a bond in the 
sum of $100, in conformity with section 10 of the act, conditioned in part that 
it be brought into compliance with the law under the supervision of this 
department.
HOWARD M. GORE, Secretary of Agriculture.