29573. Misbranding of canned sardines.    TJ. S. v. 19 Cases of Sardines.    Default
decree of condemnation and destruction.    (F. & D. No. 42957.   Sample No. 
27310-D.)
This product was short weight. 
¦ On July 22, 1938, the United States attorney for the District of Montana, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 19 cases of sardines at Billings, 
Mont.; alleging that the article had been shipped in interstate commerce on 
or about January 8, 1937, by California Packing Sales Co. Fruitvale, Calif, (for 
Hovden Food Products Co., Monterey, Calif.) ; and charging misbranding in 
violation of the Food and Drugs Act as amended. The article was labeled in part: 
"North Star Filets of Sardines * * * Distributed by North Star Company 
Seattle."
It was alleged to be misbranded in that the statement "Net Contents 9 Oz. 
or 255 Grams," was false and misleading and tended to deceive and mislead 
the purchaser since it was short in weight; and in that it was in package form 
and the quantity of the contents was not plainly and conspicuously marked on 
the outside of the package in that the quantity stated was not correct.
On September 9, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.