16170. Misbranding of tuna fish.    U. S. v. 100 Cases of Tuna Fish.     Consent
decree of condemnation and forfeiture.    Product released under 
bond.     (F. & D. No. 22815.    I. S. No. 24512-x.     S. No. 853.)
On June 13, 1928, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying seizure and 
condemnation of 100 cases of tuna fish, remaining in the original unbroken 
packages at New York, N. Y., alleging that the article had been shipped by the 
San Diego Packing Co., from San Diego, Calif., on or about March 6, 1928, and 
transported from the State of California into the State of New York, and 
charging misbranding in violation of the food and drugs act as amended. The 
article was labeled in part: " Sapphire Brand, All Light Meat Tuna * * * 
Net Weight 7 Oz. Packed by Neptune Sea Food Company, San Diego, Calif."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label " Net Weight 7 Oz." was false and misleading and deceived 
and misled the purchaser, and for the further reason that the article was food 
in package form and the quantity of the contents was not plainly and conspicu- 
ously marked on the outside of the package, since the statement " Net Weight 
7 Oz." was incorrect and was neither plain nor conspicuous.
On January 8, 1929, the San Diego Packing Co., San Diego, Calif., claimant, 
having admitted the allegations of the libel 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 costs and the execution of a bond in the sum of $1,200, conditioned 
in part that it be relabeled under the supervision of this department.
R. W. DUNLAP, Acting Secretary of Agrioulture.