22160. Adulteration and misbranding of tnlllbees. U. S. v. 4 Boxes of 
Fish (Tnlllbees). Default decree of condemnation, forfeiture, and 
destruction.    (F. & D. no. 32346.    Sample no. 65320-A.)
This case involved an interstate shipment of tullibees which were found to be 
infested with worms.
On January 29,1934, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 4 boxes of tullibees at 
Chicago, Ill., alleging that the article had been shipped in interstate commerce 
on or about January 23, 1934, by C. H. Helborne, from Warroad, Minn., and 
charging adulteration and misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: " Shipper C. H. Helborne * * * Warroad 
Minn. * * * This Contains * * * 25 Yellow Pike * * * 50 Dr. 
Herring."
It was alleged in the libel that the article was adulterated in that it con- 
sisted wholly or in part of a filthy, decomposed, or putrid animal substance.
Misbranding was alleged for the reason that the statements, " Yellow Pike " 
and " Dr. Herring ", were false and misleading since the article consisted wholly 
of tullibees.
On March 9, 1934, 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.
M. L. WILSON, Acting Secretary of Agriculture.