20689. Misbranding of canned salmon.    U. S. v. 650 Cartons of Canned Sal¬
mon.   Decree of condemnation and forfeiture.   Product  released 
under bond to be relabeled.   (F. & D. no. 30795.    Sample no. 50113-A.)
This case involved a shipment of canned salmon that was labeled to convey 
the impression that it was red salmon and which was found to consist of coho 
or medium red salmon, and, in a few instances, Chinook salmon.
On July 31, 1933, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
District Court a libel praying seizure and condemnation of 650 cartons of 
canned salmon at Philadelphia, Pa., alleging that the article had been shipped 
in interstate commerce on or about July 24, 1933, by the Fishermen's Packing 
Corporation, from Everett, Wash., and charging misbranding in violation of 
the Food and Drugs Act. The article was labeled in part: "Avondale Brand 
medium Bed Salmon tender."
It was alleged in the libel that the article was misbranded in that the 
emphasized statement " Bed Salmon " was false and misleading and deceived 
and misled the purchaser thereof.
On August 17, 1933, the Kroger Grocery & Baking Co., Cincinnati, Ohio, 
having appeared as claimant for the property, judgment of condemnation and 
forfeiture was entered, and it was ordered by the court that the product be 
released to the claimant for relabeling upon payment of costs and the execution 
of a bond in the sum of $2,000, conditioned that it be relabeled under the 
supervision of this Department.
B. G. TUGWELL, Acting Secretary of Agriculture.