13557. Adulteration and misbranding- of caviar. IT. S. v. 1 Case, et al., of 
Caviar. Default decree of condemnation, forfeiture, and destruc- 
tion.     (F. & D. No. 20079.    I. S. Nos. 20557-v, 20558-v.    S. No. W-1711.)
On May 21, 1925, 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 2 cases and 66 cans of caviar, remaining in the original 
unbroken packages at San Francisco, Calif., alleging that the article had been 
shipped by Austin, Nichols & Co., from New York, N. Y., March 29, 1923, and 
transported from the State of New York into the State of California, and 
charging adulteration and misbranding in violation of the food and drugs act. 
The article was labeled in part: (Can) "Casino Brand Caviar Chelsea Pack- 
ing Co., New York.    *    *    *    Colored-Sweetened "With Caramel."
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 said article, and for the further reason that it had 
been colored in a manner whereby its inferiority was concealed.
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 sold under the distinctive name of another article.
On July 21, 1925, 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.
R. W. DtnsrLAP, Acting Secretary of Agriculture.