17884. Adulteration   and   Misbranding of  canned  tuna  fish.     V.   S.   v.   252 , 
Cases  of  Tuna  Fish.     Consent   decree  of  condemnation   and  for-  . 
felture.     Product released under bond.     (F.  & D.  Nos.  25371, 25372. 
I. S. Nos. 5213, 5214.    S. No. 3642.)
Samples of alleged canned tuna from the herein-described shipment having 
been found to consist of bonita, a fish of lower quality than tuna, or of a mix- 
ture of tuna and bonita, the Secretary of Agriculture reported the matter to the 
United States attorney for the Eastern District of Pennsylvania.
On November 24, 1930, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 252 cases of tuna fish, remaining in the original unbroken pack- 
ages at Philadelphia, Pa., consigned by Cohn-Hopkins, (Inc.), San Diego, Calif., 
alleging that the article had been shipped from San Diego, Calif., on or about 
August 15, 1930, and transported from the State of California into the State of 
Pennsylvania, and charging adulteration and misbranding in violation of the 
food and drugs act. The article was labeled in part: (Cans) "Sun Harbor 
Brand Tuna Packed by Cohn-Hopkins Inc., Quality Packers, San Diego Cali- 
fornia."
It was alleged in the libel that the article was adulterated in that it con- 
tained bonita, a fish of lower quality than tuna fish, which the article purported 
to be.
Misbranding was alleged for the reason that the statement on the label, 
" Sun Harbor Brand California Tuna * * * Packed by Cohn-Hopkins, Inc.," 
was false and misleading and deceived and misled the purchaser, when applied 
to an article containing bonita, or a mixture of bonita and tuna.
On January 7, 1931, Cohn-Hopkins (Inc.), San Diego, Calif., having appeared 
as claimant for the property, 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 $4,250, conditioned in part that it be relabeled under the supervision of this 
department, and should not be sold or otherwise disposed of contrary to law.
ABTHTIB M. HYDE, Secretary of Agriculture.     /