3523. Adulteration and misbranding of canned sardines.    U. S. v. 23 Cases, 249
Cases, 224 Cases, and 165 Cases of Canned Sardines.   Consent decrees of 
condemnation.    Product released under bond to be relabeled.    (F. D. C.
Nos. 5434, 5597, 5888, 5938.   Sample Nos. 62273-B, 69596-B. 69601-E, 75512-B.)
On August 25, September 2 and 30, and October 7, 1941, the United States 
attorneys for the Southern and Eastern Districts of New York, District of Massa- 
chusetts, and the Northern District of Illinois filed libels against the following 
quantities of canned sardines—23 cases each containing 100 3%-ounce cans at New 
York, N. Y.; 249 cases each containing 100 3%-ounce cans at Brooklyn, N. Y.; 224 
cases each containing 100 3%-ounce cans at Somerville, Mass.; and 165 cases each 
containing 100 3%-ounce cans at Chicago, Ill., alleging that the article had been 
shipped on or about July 4 and 25 and August 15, 1941, by the Addison Packing 
Co. from Ellsworth, Maine; and charging that it was adulterated and misbranded. 
It was labeled in part: "Surfman Brand Selected Maine Sardines in Pure Olive 
Oil"; or "Farm House Brand-American Sardines Reid Murdoch & Co. Distribu- 
tors   Chicago."
The article was alleged to be adulterated in that a valuable constituent, olive 
Oil, had been in whole or in part omitted therefrom. A portion of the article 
was alleged to be adulterated in that sardines in an oil other than olive oil had
been substituted for sardines in pure olive oil, which it purported to be. The 
remainder of the article was alleged to be adulterated in that an oil other than 
\olive oil had been substituted for pure olive oil, which it purported to be. 
) The article was alleged to be misbranded in that the statement "In Pure Olive 
Oil" or "Packed in Pure Olive Oil" was false and misleading as applied to an 
article that consisted largely of an oil other than olive oil and that; contained 
little or no olive oil.
On September 23, October 7, and December 4 and 16, 1941, the B. O. Bowers 
Co.; claimant for the seizures at New York and Brooklyn, and the Addison Packing 
Co., claimant for the seizures at Somerville and Chicago, having admitted the 
allegations of the libel, judgments of condemnation were entered and the product 
was ordered released under bond to be relabeled under the supervision of the 
Food and Drug Administration.