19583. Adulteration and Misbranding of canned sardines.    U. S. v. 41 Cases
of Canned Sardines.     Default decree of condemnation, forfeiture, 
and destruction.     (F. & D. No. 27728.    I. S. No. 22547.    S. No. 5816.)
This action involved an interstate shipment of canned sardines, samples of 
which were found to be decomposed. The statement of the quantity of contents 
appearing on the label was not plain and conspicuous.
On February 8, 1932, the United States attorney for the Western District 
of Washington, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 41 cases of the said canned sardines, remaining 
in the original unbroken packages at Seattle, Wash., alleging that the article 
had been shipped in interstate commerce on or about January 11, 1932, by 
MacNichol & Co. from San Francisco, Calif., to Seattle, Wash., and charging
adulteration and misbranding in violation of the food and drugs aet as 
amended. The article was labeled in part: (Can) " Spellmon Brand Smoked 
California Sardines Product U. S. A. net weight 5 oz. metric equivalent 141 
grams Toyo Fisheries Wilmington, California." The statement of the quantity 
of the contents was placed inconspicuously on the Kans.
It was alleged in the libel that the article was adulterated in that it con- 
sisted in whole or in part of a decomposed animal substance.
Misbranding was alleged for the 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.
On March 15, 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.
ABTHUB M. HTDE, Secretary of Agriculture.