19890. Adulteration and Misbranding of canned shrimp. TJ. S. v. 48 Cases 
of Canned Shrimp. Default decree of condemnation, forfeiture, 
and destruction.     (P. & D. No. 27729.    I. S. No. 37238.    S. No. 5820.)
Examination of the canned shrimp involved in this action showed that the 
article was partially decomposed and that the cans contained less than the 
declared weight.
On February 6, 1932, the United States attorney for the Eastern District 
of Louisiana, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for the district aforesaid a libel pray- 
ing seizure and condemnation of 48 cases of canned shrimp at New Orleans, La., 
alleging that on or about February 2, 1932, the Dorgan McPhillips Packing 
Corporation, New Orleans, La., delivered to the steamship company at New 
Orleans, a quantity of canned shrimp that was intended for export to a foreign 
country, and which was adulterated and misbranded in violation of the food 
and drugs act as amended. The article was labeled in part: (Can) "Gulf 
Kist Fancy Large Shrimp Contents Wet Pack 5% Oz. Packed by Dorgan 
McPhillips Packing Corp. Mobile, Alabama."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in part of a decomposed animal substance.
Misbranding was alleged for the reason that the statement on the can label, 
"Contents 5% Oz.," was false and misleading and deceived and misled the 
purchaser, since the said statement represented the contents of the cans as 
greater than was actually contained therein. 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 
packages, since the statement made was not correct.
On March 8, 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.
ABTHXJB M. HYDE, Secretary of Affriculture.