16218. Adulteration and Misbranding of canned salmon.    V. S. v. SO Cases 
of Chum  Salmon.    Default  order  of destruction  or  sale  entered.
(F. & D. No. 23107.    I. S. No. 012127.    S. No. 1196.)
On September 25, 1928, the United States attorney for the Eastern District 
of Tennessee, 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 50 cases of chum salmon at Knoxville, Tenn., alleging that the 
article had been shipped by Small & Urie, Tillamook, Oreg., on or about 
December 27, 1927, and transported from the State of Oregon into the State of 
Tennessee, and charging adulteration and misbranding in violation of the 
food and drugs act. The article was labeled in part: "Sweet Chariot Brand 
Chum Salmon  * * * Small & Urie Packers & Distributors, Tillamook, 
Oregon."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in whole or in part of a filthy, decomposed, or putrid animal substance.
Misbranding was alleged in the libel for the reason that the statement " Sweet 
Chariot Brand Chum Salmon" was false and misleading and deceived and
misled the public, and in that the article was offered for sale under the name 
of another article.
The charge recommended by this department was that the article was 
adulterated, as alleged in the libel.   No misbranding charge was recommended.
On February 1, 1929, no claimant having appeared for the property, judgment 
was entered, ordering that the product be destroyed by the United States 
marshal or that it might be sold for fertilizer or kindred uses by the said 
marshal if he deemed it expedient and wise.
R. W. DUNLAP, Acting Secretary of Agriculture.