19125. Misbranding of canned sardines,    tl. S. v. 35 Cases, et al., of Canned
Sardines. Decrees of condemnation and forfeiture. One case de- 
livered to charitable Institution. Remainder released under 
bond.     (F. & D. Nos. 27240, 27241, 27242.    I. S. No. 30375.    S. No. 5406.)
Examination of samples of canned sardines from the import shipment herein 
described, which arrived at the port of New York on October 14, 1931, having 
shown that the article was short weight, the Secretary of Agriculture reported 
the matter to the United States attorney for the Southern District of New 
York.
On November 16, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid three libels praying seizure and
condemnation of a total of 156 cases of canned sardines, alleging that the 
article had been shipped by Uniao Industrial Lda., from Portimao, Portugal, 
that it remained unsold in the original unbroken packages at New York, N. Y., 
and that it was misbranded in violation of the food and drugs act as amended. 
The article was labeled in part: (Tin) "Portuguese Skinless and Boneless 
Sardines in Olive Oil Titbit Brand Net Contents 8 Oz. Extra Quality * * * 
Importe du Portugal Packed in Portugal."
It was alleged in the libels that the article was misbranded in that the 
statement "Net Contents 8 Oz." was false and misleading and deceived and 
misled the purchaser, since the tins contained less than 8 ounces. Misbranding 
was alleged for the further reason that the article was food in package form 
and the quantity of the contents was not plainly and conspicuously marked on 
the outside of the package, since the statement made was not correct.
On January 11, 1932, no claimant having appeared, judgment of condemna- 
tion and forfeiture was entered against one case of the product and it was 
ordered by the court that the said case be delivered to a charitable institution. 
On January 15, 1932, S. Isenberg (Inc.), having appeared as claimant for the 
remainder of the property, and having admitted the allegations of the libels 
and consented to the entry of decrees, judgments of condemnation and forfeiture 
were 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 bonds totaling 
$2,000, conditioned in part that it be relabeled under the supervision of this 
department with a plain and conspicuous statement of the weight as follows: 
" Net Weight 7y2 Ozs."
ABTHITB M. HYDE, Secretary of AgriouUtire.