29746. Misbranding of canned mackerel.    V. S. v. 49 Cases and 257 Cases of
Canned Mackerel. Consent decree of condemnation. Product released 
under bond to be relabeled. (F. & D. Nos. 44038, 44201. Sample Nos. 
20303-D, 20324-D.)
This product was short of the declared weight
On or about October 1 and October 24, 1938, the United States attorney for 
the Southern District of Florida, acting upon reports by the Secretary of Agri- 
culture, filed in the district court libels praying seizure and condemnation of 2 
lots, consisting of 49 cases and 257 cases of canned mackerel, at Jacksonville, 
Fla.; and alleging that the article had been shipped in interstate commerce, the 
former on or about September 13, 1938, from Fullerton, Calif., and the latter on 
or about September 27, 1938, from Wilmington, Calif. The libels alleged that 
the former shipment had been made by the Val Vita Food Products, Inc., and 
that the latter had been made by the Coast Fishing Co. The former was a pool 
shipment and the court in pronouncing judgment found as a fact that both ship- 
ments had been made by the Coast Fishing Co. The article was labeled in part: 
"King Solomon Brand Fancy Mackerel Contents 1 Lb. * * * Distributed by 
Coast Fishing Co., Wilmington, Cal."
It was alleged to be misbranded in that the statement "Contents 1 Lb." 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 contents was not plainly and conspicuously marked on 
the outside of the package since the statement made was incorrect.
On November 9, 1938, the cases having been consolidated and the Coast Fish- 
ing Co., claimant, having consented to the entry of a decree, judgment of con- 
demnation was entered and the product was ordered released under bond condi- 
tioned that it be properly relabeled.
M. L. WILSON, Acting Secretary of Agriculture.