27405. Adulteration and misbranding of canned tuna fish. U. S. v. 796 Cases of Canned Tuna Fish. Decree condemning: portion of product and order- ing: its destruction, and releasing: remainder to be relabeled. Amended decree ordering: reexamination of released goods and destruction of any part thereof found unfit for human consumption. (F. & D. no. 87345. Sample no. 55523-B.) Samples of this product were found to be short weight and decomposed. On March 10, 1936, the United States attorney for the Eastern District of Michigan, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 796 cases of canned tuna fish at Detroit, Mich., alleging that it had been shipped in interstate com- merce on or about February 3, 1936, by Cohn-Hopkins, Inc., from San Diego, Calif., and charging adulteration and misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: (Cans) "Contents 7 Ozs. Avoir. Metric Equiv. 198 Grams Premier Tuna Fish * * * Francis H. Leggett & Co. Distributors New York." It was alleged to be adulterated in that it consisted in whole or in part of a decomposed animal substance. The article was alleged to be misbranded in that the statement on the can label, "Contents 7 Ozs. Avoir. Metric Equiv. 198 Grams", was false and mis- leading and tended to deceive and mislead the purchaser when applied to a prod- uct that was short of the declared weight. Misbranding was alleged for the further reason that the article 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. On August 25, 1936, Cohn-Hopkins, Inc., claimant, having admitted the allega- tions of the libel and the court having found that a portion of the product dis- tinguishable by certain code marks was adulterated, judgment was entered condemning the said portion and ordering that it be destroyed; it was further ordered that the remainder be released under bond conditioned that it be re- labeled. On December 3, 1936, an amended decree was entered permitting ship- ment of the released goods to San Diego, Calif., there to be reexamined and any portion found unfit for human consumption destroyed. M. L. WILSON, Acting Secretary of Agriculture.