19272. Misbranding of canned sardines.    TJ.  S. v. 4 Cases and 88 Tins  of
Canned Sardines.    Default decree of condemnation, forfeiture, and 
destruction.     (F. & D. No. 27271.    I. S. No. 34087.    S. No. 5448.)
Sample cans of sardines taken from the import shipment herein described 
having been found to be short of the declared weight, the Secretary of Agricul- 
ture reported the matter to the United States attorney for the Eastern District 
of New York.
On November 23, 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 4 cases and 88 tins of canned sardines, remaining unsold in the 
original packages at Brooklyn, N. Y., the said article being a part of an import 
shipment entered at the port of New York on or about October 14, 1931, and 
reshipped to Brooklyn, N. Y. It was alleged in the libel that the article had 
been shipped in foreign commerce from Portugal, that it had been received in 
the borough of Brooklyn, N. Y., on or about November 1, 1931, and that it was 
misbranded in violation of the food and drugs act as amended. The article 
was labeled in part: (Can) "Portuguese Skinless and Boneless Sardines in 
Olive Oil Titbit Brand Net Contents 8 Oz. Extra Quality [embossed on can] 
Imports du Portugal Packed in Portugal."
Misbranding was alleged in the libel for the reason that the statement " Net 
Contents 8 Oz." was false and misleading and deceived and misled the pur- 
chaser, since the said statement represented that the cans contained not less 
than 8 ounces net of the said article, whereas they did not contain the amount 
so represented but did contain a less amount. 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 cans contained less than represented.
On January 22,1932, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.