22692. Misbranding of  canned   salmon.    U.   S.  v.  Libby,  McNeill  &  Libby.
Plea of guilty. Fine, $1,125. (F. & D. no, 31471. Sample nos. 20193-A, 
22929-A, 22930-A, 22931-A, 25257-A, 25259-A, 25261-A, 28173-A, 28174-A, 
28175-A, 29608-A, 36040-A.)
This case was based on various lots of canned salmon labeled " Fancy Red 
Alaska Salmon." Examination of the article showed that it consisted of low- 
grade salmon, some of the lots being in part tainted or stale.
On May 12, 1934, the United States attorney for the Northern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Libby, McNeill & Libby, a corporation 
trading at San Francisco, Calif., alleging that on or about September 9, 1932, 
the said defendant had received at San Francisco, Calif., various interstate 
shipments of canned salmon from Seattle, Wash., which was misbranded in 
violation of the Food and Drugs Act, and that having so received the said 
product had delivered it to various firms in California for pay. The informa- 
tion further alleged that on or about September 9, 1932, the defendant had 
shipped in interstate commerce from Seattle, Wash., into the State of California, 
and on or about January 5 and March 6, 1933, from the State of California 
into the State of New Mexico; and on or about February 17, 1933, from the 
State of California into the State of Arizona, various lots of canned salmon 
which was misbranded. The article was labeled in part: " Libby's Fancy Red 
Alaska Salmon, Libby McNeill & Libby, Chicago."
The information alleged that the article was misbranded in that the state- 
ment " Fancy Red Alaska Salmon", borne on the label, was false and mis- 
leading, and for the further reason that the article was labeled as aforesaid 
so as to deceive and mislead the purchaser, since the said statement represented 
that the article was Fancy, first-class grade and quality salmon, whereas it was 
not, certain of the lots consisting largely of very low-grade salmon and in part 
of stale salmon, and certain of the lots consisting in part of stale, tainted, 
decomposed, and low-grade salmon.
On July 14, 1934, a plea of guilty was entered on behalf of the defendant 
company, and the court imposed a fine of $1,125.
M. L. WILSON, Acting Secretary of Agriculture.