18987.   Misbranding of canned salmon.    U. S. v. 35 Cases of Canned Salmon. 
Decree  of condemnation entered.    Product released  nnder bond.
(F. & D. No. 26472.    I. S. No. 25491.    S. No. 4752.)
Samples of canned salmon, represented to be sockeye salmon, having been 
found to contain coho salmon, the Secretary of Agriculture reported the matter 
to the United States attorney for the Western District of Missouri.
On June 5, 1931, 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 35 cases of canned salmon at Springfield, Mo., alleging that the 
article had been shipped by McGovern & McGovern, Seattle, Wash., on or about 
September 20, 1929, and had been transported from the State of Washington 
into the State of Missouri, and charging! misbranding in violation of the food 
and drugs act. The article was labeled in part: (Case) " Red Sockeye Salmon;" 
(can) "G. D. M. Brand Red Sockeye Salmon Distributed by G. D. Milligan 
Grocer Co., Springfield, Mo."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the cases and cans, " Red Sockeye Salmon," was false and misleading 
and deceived and misled the purchaser when applied to a product containing 
coho salmon. Misbranding was alleged for the further reason that the article 
was offered for sale under the distinctive name of another article.
On October X, 1931, McGovern & McGovern, Seattle, Wash., having appeared 
as claimant for the property and having admitted the allegations of the libel, 
judgment of condemnation was entered. The claimant having paid the costs 
and executed a bond in the sum of $500, conditioned that the product should 
not be sold or otherwise disposed of contrary to the Federal food and drugs 
act or the laws of any State, Territory, district, or insular possession, the 
court ordered that the said product be released to the claimant.
ARTHUR M. HYDB, Secretary of Agriculture.