19773. Misbranding of canned shrimp.    U. S. -v. 89 Cases of Canned Shrimp.
Decree of condemnation and forfeiture.    Product released under- 
bond to  be  relabeled.    (F. & D. No.  27901.    L  S.  Nos.  47062, 47063. 
S. No. 5921.)
Sample cans of shrimp taken from the interstate shipment involved in this 
action were found to contain less than the declared weight.
On March 10, 1932, the United States attorney for the District of Minnesota, 
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 89 cases of the said canned shrimp, remaining in the 
original unbroken packages at St. Paul, Minn., alleging that the article had 
been shipped in interstate commerce on or about January 5, 1932, by Dorgan 
McPhillips Packing Corporation, from Bayou Labatre, Ala., to St. Paul, Minn., 
and charging misbranding in violation of the food and drugs act as amended. 
The cans containing a portion of the article were labeled in part: "Alabama 
Brand Shrimp Wet Pack 5% Oz. * * * packed by Dorgan-McPhillips 
Packing Corporation, Mobile, Alabama." The cans containing the remainder 
were labeled in part: " Fairway Brand Wet Shrimp Contents 5% Oz. Distrib- 
uted by Twin City Wholesale Grocer Co., St. Paul & Minneapolis, Minn."
It was alleged in the libel that the article was misbranded in that the state- 
ment of the weight appearing on the label, "Five and Three Quarters Oz.," 
was false and misleading, and in that the article was labeled so as to deceive 
and mislead the purchaser. Misbranding was alleged for the further reason 
that the quantity of the contents was not plainly and conspicuously marked 
on the outside of the cans, since the quantity so specified on the label was 
incorrect and false.
On April 24, 1932, an answer and claim of ownership having been filed, 
and the claimant having admitted the material allegations of the libel, judg- 
ment of condemnation and forfeiture was entered. The court having found that 
the product was not injurious and could be relabeled so as not to be in violation 
of the law, ordered that it be released to the claimant upon payment of costs 
and the execution of a bond in the sum of $200, conditioned in part that it 
should not be sold or disposed of in violation of the Federal food and drugs 
act, and all other laws.
HENBY A. WALLACE, Secretary of Agriculture.