5188. Adulteration and misbranding of frozen ocean pout fillets. U. S. v. 372 
15-Pound Boxes and 426 20-Pound Boxes of Pout Fillets. Default decree 
of condemnation and destruction.    (F. D. C. No. 9942.    Sample No. 46308-F.)
Examination of this product showed the presence of parasitized and diseased 
frozen fish. Practically all of the 20-pound boxes were unlabeled except for the 
inconspicuous statement "Net Wt. 20 lbs." Some of the 15-pound boxes were 
labeled "Ocean Pout"; some were labeled "Flounder Fillets"; on some the word 
"Flounder" was crossed off but nothing was written in its place; and on others 
the word "Flounder" was crossed off and "Pout" was written in with black wax 
pencil in varying degrees of legibility.
On May 13, 1943, the United States attorney for the District of Maryland filed 
a libel against 372 15-pound boxes and 426 20-pound boxes of ocean pout 
fillets at Baltimore, Md., alleging that the article had been shipped in interstate 
commerce on or about May 1, 1943, by J. Adams & Co. from Boston, Mass.; and 
charging that it was adulterated and misbranded.
The article was alleged to be adulterated in that it consisted in whole or in 
part of filthy substances, and in that it was in whole or in part the product of a 
diseased animal. 
The article in 20-pound boxes was alleged to be misbranded (1) in that it 
was in package form and failed to bear a label containing the name and place 
of business of the manufacturer, packer, or distributor; (2) in that the statement 
of the quantity of the contents, required by the act to appear on the label, was 
not prominently placed thereon with such conspicuousness as to render it likely 
to be read by the ordinary individual under customary conditions of purchase 
and use; and (3) in that its label failed to bear the common or usual name of 
the food. TThe article in some of the 15-pound boxes was alleged to be misbranded 
(1) in that the name "Flounder" borne on some of the. boxes was false and 
misleading as applied to ocean pout; (2) in that the common or usual name of 
the food, required by the act to appear on the label, was not prominently placed 
thereon with such conspicuousness as to render it likely to be read by the ordinary 
individual under customary conditions of purchase and use; and (3) in that its 
label failed to bear the common or usual name of the food.
On June 23,1943, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered destroyed.