26724. Misbranding of canned salmon.     TT. S. v. 600 Cartons of Canned Salmon.
Product released under bond to be relabeled.    (F. & D. no. 3871C.    Sample 
no. 21478-C.)
This case involved canned salmon that was labeled "Pink Salmon", but 
a part of which consisted of chum salmon.
On November 25, 1936, the United States attorney for the Eastern District 
of Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 600 cartons of 
canned salmon at St. Louis, Mo., alleging that the article had been shipped 
in interstate commerce on or about September 12, 1936, by Wesco Foods, Inc., 
from Seattle, Wash., and charging misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: "North Bay Brand Pink Sal- 
mon * * * Distributed by Wesco Foods Company General Offices, Cin- 
cinnati, Ohio."
The libel alleged that a part of the product was misbranded in that the 
statement "Pink Salmon", borne on the label, was false and misleading and 
tended to deceive and mislead the purchaser when applied to a product which 
was not pink salmon but which was chum salmon.
On December 23, 1936, the Kroger Grocery & Baking Co., St. Louis, Mo., 
having appeared as claimant, judgment was entered, finding that a part of 
the product identified by a certain code mark was mislabeled, and ordering 
that said mislabeled portion be separated from the remainder and relabeled 
in conformity with the law.
M. L. WILSON, Acting Secretary of Agriculture.