16961. Misbranding of canned tuna fish.    TJ. S. v. 100 Cases of Tuna Fish,
Consent decree of condemnation and forfeiture. Product i-e- 
leased under bond. (F & D. No. 24357. I. S. Nos. 019289, 019290. 
S. No. 2624.)
On December 16, 1929, the United States attorney for the Western District 
of Washington, 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 canned tuna fish, remaining in the original 
unbroken packages at Everett, Wash., consigned by Cohn Hopkins (Inc.), San 
Diego, Calif., in part on October 27, 1929, and in part on November 20, 1929, 
alleging that the article had been shipped in interstate commerce from San 
Diego, Calif., into the State of Washington, arriving about November 1, 1929, 
and November 25, 1929, respectively, and charging misbranding in violation of 
the food and drugs act as amended. The article was labeled in part: (Can) 
"California Brand * * * Tuna Packed by Cohn Hopkins, Inc., * * * 
San Diego, Calif., Contents 7 Ounces."
It was alleged in the libel that the article was short weight and mis- 
branded in that the statement " Contents 7 Ounces," borne on the label, was 
false and misleading and deceived and misled the purchaser. Misbranding was 
alleged for the further reason that the article was food in package form arid 
failed to bear a plain and conspicuous statement of the quantity of the 
contents.
On January 6, 1930, Cohn Hopkins (Inc.), claimant, having admitted the 
allegations of the libel and having consented to the entry of a decree, judg- 
ment 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 $500, conditioned in part that it 
be brought into compliance with the Federal food and drugs act, under the 
supervision of this department.
ARTHUR M. HYDE, Secretary of Agriculture.