3522. Misbranding of canned salmon.    V. S. v. 135 Cases of Salmon.    Consent
decree of condemnation.    Product ordered released under bond to  be 
relabeled.    (F. D. C. No. 6322.    Sample No. 58659-E.)
This product was deceptively packaged. Furthermore, it was labeled to indicate 
that it was red salmon; whereas it was not red salmon, but was king salmon.
On December 2, 1942, the United States attorney for the District of Minnesota 
filed a libel against 135 cases, each containing 48 15-ounce cans, of salmon at 
Minneapolis, Minn., alleging that the article had been shipped in interstate com- 
merce on or about September 26, 1941, by Wm. W. Marine Co. from Seattle, 
Wash.; and charging that it was misbranded. It was labeled in part: (Cans) 
"Farbest Select Salmon Natural Red Color and Oil * * .* Packed * * * 
For Farwest Fisheries Inc. Seattle."
The article was alleged to be misbranded (1) in that the label statement, 
"Select Salmon Natural Red Color and Oil," and the design of a cut salmon on a 
plate, showing a red color on the exposed surf ace of the meat, implying that the 
article was a species of salmon known as red salmon, were false and misleading 
as applied to king salmon, a different species; and (2) in that its container was 
so filled as to be misleading since the fill of the cans averaged only 87.7 percent, 
whereas properly filled cans of salmon should be over 90 percent filled.
On January 29, 1942, Whitney & Co., claimant, having admitted the allegations 
of the libel, judgment of condemnation was entered and the product was ordered 
released under bond to be relabeled under the supervision of the Food and Drug 
Administration.