18600. Adulteration and misbranding of canned sardines. U. S. v. 650 
Cases of Sardines. Decree of condemnation and forfeiture. 
Product released under bond. (F. & D. No. 19507. I. S. Nos. 21126-v, 
21127-v.    S. No. W-932.)
On January 16, 1925, the United States attorney for the Eastern District 
of Washington, acting upon a report by the Secretary of Agriculture, filed 
in the District Court of the United States for said distiict a libel praying the 
seizure and condemnation of 650 cases of sardines, remaining in the original 
unbroken packages at Spokane, Wash., consigned by the Kelley-Clarke Co., 
Portland, Oreg., alleging that the article had been shipped on or about October 
31, 1924, and transported from the State of Oregon into the State of Washing- 
ton, and charging adulteration and misbranding in violation of the food and 
drugs act. The article was labeled in part: (Can) " Conquerer Brand Amer- 
ican Sardines in cottonseed oil" (or "Pine Tree Brand Maine Sardines in 
Mustard Sauce")   "Packed by Seacoast Canning Co., Eastport, Maine."
Adulteration of the article was alleged in the libel for the reason that it 
consisted wholly or in part of a filthy, decomposed, or putrid animal substance.
Misbranding was alleged for the reason that the article was offered for 
sale as an article of standard quality, whereas it was an article of inferior 
quality, and the purchaser was misled thereby.
On June 6, 1925, the Seacoast Canning Co., Bastport, Me., claimant, having 
admitted the allegations of the libel and having taken the product down under 
bond, in conformity with section 10 of the act, a decree of the court was en- 
tered, finding the allegations of the libel to be true and ordering the condem- 
nation and forfeiture of the product, and it appearing to the court that the 
Pine Tree brand of the product had been destroyed and the remainder recon- 
ditioned and approved by this department, it was ordered by the court that 
the said bond be released upon payment of the costs of the proceedings.
B. W. DUNLAP, Acting Secretary of Agriculture.