12027. Adulteration   and   misbranding?   of   caviar.     V.   S.   v.   90   Cans   of
Caviar.    Default decree of condemnation, forfeiture, and destruc- 
tion.     (P. & D. No. 1904O.    I.   S.  No.  16221-v.     S.   No.  E-4962.)
On October 3, 1924, the United States attorney for the Eastern District of 
Pennsylvania, 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 90 cans of caviar, remaining in the original unbroken 
packages at Philadelphia, Pa., consigned by Hansen & Dieckmann, New York, 
N. Y., alleging that the article had been shipped from New York, N. Y., on or 
about August 5, 1924, and transported from the State of New York into the 
State of Pennsylvania, and charging adulteration and misbranding in violation 
of the food and drugs act. The article was labeled in part: " Dieckmann's Rus- 
sian Cossack Brand Prime Caviar Hansen & Dieckmann Hamburg New York."
Adulteration of the article was alleged in the libel for the reason that a 
substance, roe other than that of sturgeon, had been mixed and packed there- 
with so as to reduce, lower, and injuriously affect its quality and strength and 
had been substituted wholly or in part for the said article.
Misbranding Was alleged in substance for the reason that the statements 
*' Russian Cossack Prime Caviar Hansen & Dieckmann Hamburg * * * 
Astrakhan," together with the use of the Russian and German languages and 
the design of a Russian Cossack and foreign medals, appearing in the labeling, 
were false and misleading, in that they represented that the article was stur- 
geon roe, when in fact it consisted of roe other than that of sturgeon. Mis- 
branding was alleged for the further reason that the article was an imitation 
of and offered for sale under the distinctive name of another article.
On December 17, 1924, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
W. M. JARDINE, Secretary of Agriculture.