4613. Adulteration and misbranding of canned sardines.    U. S. v. Calvin li. Smit- 
hson  (Addison Packing Co.).    Plea of guilty.    Fine, $5,000.    (F. D. C. No
6489.    Sample Nos.  62273-E, 62274-E,  69596-E, 69601-E,  74504-E, 74505-E, 
75512-E, 84005-E.)
On June 20,1942, the United States attorney for the District of Maine filed an 
information against Calvin L. Stinson, trading as Addison Packing Co., at South- 
west Harbor, Maine, alleging shipment within the period from on or about June 
20 to August 15, 1941, from the State of Maine into the States of New York, 
Massachusetts, and Illinois of quantities of canned sardines that were adulterated 
and misbranded. All shipments, with one exception, were labeled in part: "Surf- 
man Brand * * * Sardines In Pure Olive Oil," "Farm House * * * 
American Sardines * * * Packed In Pure Olive Oil, Reid Murdoch & Co. 
* * * Distributors Chicago Pittsburgh New York," or "Buoy Brand Sar- 
dines In Pure Olive Oil Seeman Bros., Inc. Distributors, New York, N. Y." 
One shipment was unlabeled but was invoiced "Olive Oil Sardines Key Plain."
All lots were alleged to be adulterated in that a valuable constituent, olive oil, 
had been in whole orin part omitted therefrom, and in that sardines packed in a 
packing medium consisting wholly or in part of an oil or oils other than olive 
oil, had been substituted for sardines packed in olive oil, which the article 
purported to be.
All lots with the exception of the unlabeled lot were alleged to be misbranded 
(1) in that the statement "In Pure Olive Oil," borne oh the cans, was false and 
misleading since the article was not packed in pure olive oil, but was packed in a 
substance consisting wholly or in a large part of an oil or oils other than-olive 
oil; (2) in that it was offered for sale under the name of another food, "Sardines 
in Pure Olive Oil," and (3) in that it was fabricated from two or more ingredients 
and its label failed to bear the common or usual name of each such Ingredient.
On April 21, 1943, the defendant having entered a plea of guilty, the court 
imposed a fine of $5,000.