13029. Misbranding of canned  tuna  fisb.     V.  S. "v.  65 Cases  and 325 Cases
of Tuna Fish. Decree of condemnation and forfeitui*e. Product 
released under bond. (F. & D. No. 18944. I. S. Nos. 20902-v, 20906-v. 
S. No. W-1573.)
On September 16, 1924, the United States attorney for the District of Colo- 
rado, 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 con- 
demnation of 390 cases of tuna fish, remaining in the original unbroken pack- 
ages at Denver, Colo., consigned by the Westgate Sea Products Co., San Diego, 
Calif., alleging that the article had been shipped on or about July 19, 1924, and 
transported from the State of California into the State of Colorado, and charg- 
ing misbranding in violation of the food and drugs act as amended. The article 
was labeled in part variously: (Can) "Solitaire Albacore White Meat Tuna 
Net Weight 13 Oz 369 Grams;" "Moreys Solitaire Tuna Fish * * * Net 
Weight 14 Ozs. 397 Grams;" and "Alamo Brand Tuna Light Meat Net Weight 
7 Oz. Packed By Westgate Sea Products Company San Diego California."
Misbranding of the article was alleged in the libel for the reason that the 
statements, " Net Weight 13 Oz. 369 Grams," " Net Weight 14 Ozs. 397 Grams," 
and " Net Weight 7 Oz.," borne on the cans of the respective lots, were false 
and misleading and deceived and misled the purchaser, in that the net weight 
of the cans in the said lots was less than 13 ounces 369 grams, 14 ounces 397 
grams, and 7 ounces, respectively. Misbranding was alleged for the further 
reason that the article was food in package form and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the package.
On October 6, 1924, the Morey Mercantile Co., Denver, Colo., having ap- 
peared as claimant for the property, 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 execu- 
tion of a bond in the sum of $5,500, in conformity with section 10 of the act.
W. M. JARDINE, Secretary of Agriculture.