21712. Misbranding of   canned   salmon.     IT.   S.   v.   100   Cases   of   Canned
Salmon. Consent decree of condemnation and forfeiture. Prod- 
uct released under bond to be relabeled. (F. & D. no. 30812. Sample 
no. 48620-A.)
This case involved a shipment of canned salmon which was labeled to convey 
the impression that it was red salmon but which was found to consist of 
coho, a lower grade salmon.
On August 3, 1933, the United States attorney for the Eastern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel, and on August 31, 1933, an amended libel, praying seizure 
and condemnation of 100 cases of canned salmon at Jacksonville, Tex., alleging 
that the article had been shipped in interstate commerce on or about June 23, 
1933, by the Pacific American Fisheries, from Seattle, Wash., and charging 
misbranding in violation of the Food and Drugs Act.
It was alleged in the libel as amended that the article was misbranded 
in that the statement on the label, "Red Breast Brand Select Salmon Cutlet 
Natural Bed Color and Oil", was false and misleading and deceived and misled 
the purchaser, since it created the impression that the product consisted of 
the variety of salmon known as red salmon Oncorhynchus nerka, whereas it 
consisted of coho salmon Oncorhynchus kitstitch, a different species or variety, 
with a small amount of pale yellowish oil.
On October 2, 1933. the Dublin Grocery Co., Jacksonville, Tex., claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the claimant upon payment 
of costs and execution of a bond in the sum of $1,000, conditioned that it be 
relabeled under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.