25208. Adulteration and misbranding of dog food.    U. S. v. 50 Cases of Trixie
Brand Beef Ration Dog Food and 272 Cases of "Playfair" Beef Ration 
Dog Food. Consent decree of condemnation and forfeiture. Product 
released under bond to be relabeled. (F. & D. no. 35769. Sample nos. 
38008-B, 38009-B.)
This case involved a shipment of dog food represented on the label to con- 
tain beef, but which contained lung tissue instead.
On July 19, 1935, 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 50 cases and 272 
cases of canned dog food at Seattle, Wash., alleging that the article had been 
shipped in interstate commerce on or about June 8, 27, and 28, 1935,  by
Orwell Packing Co., from Portland, Oreg., and that the article was adul- 
terated and misbranded in violation of the Food and Drugs Act. The article 
was labeled in part: "Trixie Brand Beef Ration Dog Food [or Playfair' Beef 
Ration Dog Food]   *   *   *   Packed by O Connell Packing Co., Portland, Oregon."
Adulteration of the article was alleged in that an article containing lung 
tissue had been substituted for a product purporting to contain beef meat as 
implied by the designation on the label, "Beef Ration Dog Food."
Misbranding of the article was alleged in that the following statements 
appearing on the labels in the lot of 50 cases, "Beef Ration Dog Food", " Trixie' 
* * * would tell you that Trixie Beef Ration should constitute an important 
item in the feeding schedule. 'Trixie's' food embodies oils, minerals, * * * 
and fresh packing house meats * * *", and the following statements appear- 
ing on the labels in the lot of 272 cases, "Beef Ration Dog Food, * * * 
this balanced food", "Playfair Beef Ration is made from fresh packing house 
meats, * * * minerals and fats, * * * proportioned in accordance 
with the bio-chemical requirements of the feeding animal", were false and 
misleading and tended to deceive and mislead the purchaser when applied to a 
product which contained lung tissue instead of beef.
On July 23, 1935, A. W. O Connell, doing business as the O Connell Packing 
Co., having appeared as claimant and having admitted the allegations of the 
libel and consented to a decree, judgment of condemnation and forfeiture was 
entered and it was ordered that the product be released under bond condi- 
tioned that it be relabeled under the supervision of this Department.
W. R. GBEGG, Acting Secretary of Agriculture.