27308. Adulteration and misbranding of canned shrimp.    U.  S. v. 10 Cases of
Canned   Shrimp.     Default   decree   of   condemnation   and   destruction.
(F. & D. no. 39033.    Sample no. 13886-C.)
This product was in part decomposed and was slack-filled and short in weight.
On February 3, 1936, the United States attorney for the Eastern District of 
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 10 cases of canned 
shrimp at New Orleans, La., alleging that it had been delivered to a common 
carrier for export to a foreign country on or about January 27 and January 28, 
1937, by H. T. Cottam & Co., New Orleans, La., and charging adulteration and 
misbranding in violation of the Food and Drugs Act as amended. The article 
was labeled in part: "Grand Island Brand Shrimp Wet Pack Net Wt. 5% ozs. 
Lockport Packing Company, Lockport, La."
It was alleged to be adulterated in that it consisted wholly or in part of a 
decomposed animal substance.
It was alleged to be misbranded in that the statement "Net Wt. 5% ozs." 
was false and misleading and tended to deceive and mislead the purchaser when 
applied to an article that was short in weight; in that it was food in package 
form and the quantity of contents was not plainly and conspicuously marked 
on the outside of the package since the quantity stated was not correct; and 
in that it was canned food and fell below the standard of fill of container pro- 
mulgated by the Secretary of Agriculture, since it was slack-filled in that a 
can of this size should hold 5% ounces of wet-pack shrimp instead of a less 
amount, and its package or label did not bear a plain and conspicuous statement 
prescribed by the Secretary of Agriculture indicating that it fell below such 
standard.
On May 14, 1937, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
H. A. WALLACE, Secretary of Agriculture.