19010. Adulteration   and   Misbranding of   canned   shrimp.    U.   S.   v.   370
Cases of Canned Shrimp. Consent decree of condemnation and 
forfeiture. Product released under bond. (F. & D. No. 26874. I. S. 
No. 34136.    S. NQ.  5053.)
Examination of samples of canned shrimp from the shipment herein described 
having shown that the article contained excessive brine and that the drained 
weight of the contents of the cans was less than the weight declared on the label, 
the Secretary of Agriculture reported the matter to the United States attorney 
for the Southern District of New York.
On August 14, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and condem- 
nation of 370 cases of canned shrimp at New York, N. Y., alleging that the 
article had been shipped by the Southern Shell Fish Co. (Inc.), Harvey, La., on 
or about July 1,1931, and had been transported from the State of Louisiana into 
the State of New York, and charging adulteration and misbranding in violation 
of the food and drugs act as amended. The article was labeled in part: (Can) 
"Palm Brand Barataria Shrimp Packed by Southern Shell Fish Co., Harvey 
La., U. S. A. Wet Pack 5% Oz. Net Weight."
It was alleged in the libel that the article was adulterated in that a substance, 
an excessive quantity of brine, had been substituted in part for the said article.
Misbranding was alleged for the reason that the statement on the can, " Wet 
Pack 5% Oz. Net Weight," 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 and failed to bear a plain and conspicuous statement 
of the quantity of the contents, since the statement was placed in an inconspicu- 
ous position on the label, and was not correct.
On November 5, 1931, the Southern Shell Fish Co., Harvey, La., 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 pay- 
ment of costs and the execution of a bond in the sum of $500, conditioned in part 
that it be relabeled under the supervision of this department, so that the follow- 
ing statement appear conspicuously on the can label: " Slack Filled Minimum 
?Contents 5% Ozs. This Size Can Should Contain 5% Ozs. Shrimp," and fur- 
ther conditioned that the product should be disposed of by the claimant only in 
?compliance with the law, State and Federal.
AETHTJB M. HYDE, Secretary of Agriculture.