28947. Misbranding of canned salmon.    IT. S. v. 25 Cases of Canned Salmon (and
13 similar seizure actions). Decree of condemnation. Product released 
under bond for relabeling. (F. & D. Nos. 38347 to 38360, incl. Sample 
No. 15906-C.)
This product was pink salmon of inferior quality but its labeling represented 
it to be of superior quality.
On October 10, 1936, the United States attorney for the Southern District of 
Florida, acting upon a report by the Secretary of Agriculture, filed in the district 
court 14 libels, praying seizure and condemnation of a total of 335 cases of 
canned salmon at Tampa, Fla., alleging that the article had been shipped in 
interstate commerce on or about August 8, 1936, from Seattle, Wash., by G. P. 
Halferty & Co., and charging misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: "Show Boat Brand Fancy Alaska Pink 
Salmon   *   *   *   Halferty Corporation Seattle."
On November 7, 1936, an order was entered consolidating the 14 libels. On 
November 7, 1936, G. P. Halferty & Co., claimant, filed exceptions to the libel, 
which were argued on December 11, 1936, and sustained, the Government being 
allowed 15 days to file an amended libel. On December 17, 1936, the United 
States attorney filed an amended libel.
The amended libel alleged that the article was misbranded in that the state- 
ment borne on the label, "Fancy Alaska Pink Salmon," was false and misleading 
and tended to deceive and mislead the purchaser thereof, since the said state- 
ment indicated and meant that the cans contained salmon of a superior quality; 
whereas the salmon contained therein was of a decidedly inferior quality.
On May 5,1938, the claimant having withdrawn its exceptions to the amended 
libel, judgment of condemnation was entered and the product was ordered 
released under bond conditioned that it be relabeled.
M. L. WILSON, Acting Secretary of Agriculture.