22101. Adulteration  and misbranding of  dry-pack  shrimp.      U.   S.  v.  250
Cases and 50 Cases of Dry-Pack Shrimp. Decree of condemna- 
tion. Product released under bond. (F. & D. no. 31295. Sample nos. 
38515-^A, 38516-A.)
These cases involved a shipment of dry-pack shrimp which was found to be 
in part decomposed. A portion of the product was falsely labeled as to the name 
of the manufacturer and place of manufacture.
On October 31, 1933, the United States attorney for the Southern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 300 cases of dry- 
pack shrimp at Los Angeles, Calif., alleging that the article had been shipped 
in interstate commerce on or about September 23, 1933, by the Dunbar-Dukate 
Co., from New Orleans, La., and charging adulteration and misbranding in 
violation of the Food and Drugs Act. A portion of the article was labeled: 
" Pretty Pink Brand Shrimp Dry Pack * * * Packed by Alabama Canning 
Co., Bayou Labatre, Ala." The remainder was labeled: " Magnolia Brand 
Shrimp Dry Pack * * * Distributed by G. W. Dunbars Sons Branch Dun- 
bar Dukate Co., Inc., New OrlKans."
It was alleged in the libel that the article was adulterated in that it con- 
sisted wholly or in part of a decomposed animal substance.
Misbranding was alleged with respect to a portion of the article for the 
reason that the statement on the label, " Packed by Alabama Canning Co., 
Bayou Labatre, Ala.", was false and misleading and deceived and misled the 
purchaser, since the article was packed by the Gulf Coast Canneries, Biloxi, 
Miss.
On March 8, 1934, the Robinson Canning Co., Inc., claimant, having admitted 
the allegations of the libel and having executed a good and sufficient bond to
insure compliance with the orders of the court, judgment of condemnation 
was entered and it was ordered by the court that the product be released to 
the claimant for separation and destruction of the decomposed portion and 
proper relabeling of the remainder.
M. L. WILSON, Acting Secretary of Agriculture.