22768. Adulteration and misbranding of canned salmon.    U. S. v. 39 Cases
of Canned Salmon. Default decree of condemnation, forfeiture, 
and destruction.    (F. & D. no. 32673.    Sample no. 60792-A.)
This case involved interstate shipment of two lots of salmon labeled as 
Choice or Fancy quality, but which was in part decomposed. One of the lots 
was labeled to convey the impression that it was red salmon, whereas it was 
chinook.
On May 7, 1934, the United States attorney for the Western District of 
Washington, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 39 cases of canned 
salmon at Seattle, Wash., alleging that the article had been shipped in inter- 
state commerce, on or about April 12 and April 14, 1934, by the Jacobson- 
Shealy Co., Inc., from San Francisco, Calif., and charging adulteration and
misbranding in violation of the Food and Drugs Act. A portion of the article 
was labeled; (Can) "Cottage Brand Red Choice Chinook Salmon * * * 
Packed by Red Salmon Canning Co."; the word "Red" appearing across the 
cut of a fish. The remainder was labeled: "Fancy Quality * * * Fresh 
Spring Chinook Salmon Packed for G. W. Bume Co., Benicia   *   *   *   Cal."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in part of a decomposed animal substance.
Misbranding was alleged for the reason that the statement, " Fancy Quality 
Fresh Spring * * * Salmon", as applied to a low-grade salmon which 
was in part decomposed, the word "Red" across the cut of a fish, and the 
statements, "Choice * * * Red Salmon Canning Co.", as applied to a 
chinook variety of salmon, were false and misleading and tended to deceive 
and mislead the purchaser.
On June 28, 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.