29228. Adulteration and misbranding of whlteflsh caviar.     U, S. v. 23 Jars, 22
Jars,  and  32 Jars of White Fish  Caviar.     Default decree of destruc- 
tion.     (F. & D. No. 42448.    Sample Nos. 9812-D, 9813-D, 9814-D.)
This product contained parasitic worms and fish scales; and that contained 
in the 16-ounce jars was short weight.
On May 24, 1938, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 77 various sized jars of whitefish 
caviar at Atlantic City, N. J.; alleging that the article had been shipped in 
interstate commerce in various shipments on or about July 19, 1934, January 30, 
and June 11, 1935, by Heller Bros. Importing Co. from New York, N. Y.; and 
charging adulteration and misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: "White Fish Caviar Vita 
Brand, Net Weight 16 Oz. [or "4 Oz." or "1 Oz."]." A portion was labeled 
further: "Packed by Vita Fish Preserving Works, New York."
The article was alleged to be adulterated in that it consisted in whole or in 
part of a filthy animal substance.
One lot was alleged to be misbranded in that the statement "Net Weight 16 
Oz." was false and misleading and -tended to deceive and mislead the purchaser 
when applied to an article that was short weight; and in that it was food 
in package form and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package since the quantity stated was 
not correct.
On July 1, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARBY L. BEOWN, Acting Secretary of Agriculture.