5499. Adulteration   and misbranding of   canned   shrimp   and   Adulteration of
canned Oceanburger. XJ. S. v. The Nomis Corporation. Plea of guilty. 
Fine, $500 on count 1; sentence suspended on counts 2 and 3.     (F. D. C.
No. 7195.   Sample Nos. 59492-E, 59493-E, 59496-E.)
On October 28, 1942, the United States attorney for the Southern District of 
Florida filed an information against the Nomis Corporation at Jacksonville, Fla., 
alleging shipment on or about November 5, 1941, from the State of Florida into 
' th^TStrfliifef Virginia of a quantity of canned shrimp that was adulterated and 
misbranded and canned oceanburger that was adulterated. The articles were 
labeled in part: "Penguin Brand Wet Packed Drained Weight 5% Ozs. Medium 
Shrimp," or "Penguin Brand Oceanburger,"
The canned shrimp was alleged to be adulterated in that it consisted in whole 
or in part of a decomposed substance. The canned Oceanburger was alleged to be 
adulterated in that it consisted in whole or in part of a decomposed substance by 
reason of the fact that it was underprocessed and was undergoing progressive 
spoilage.
The canned shrimp was alleged to be misbranded in that the statement "Drained 
Weight 5% Ozs.," appearing on the label, was false and misleading since the cans 
did not contain 5% ounces drained weight of shrimp but did contain a smaller 
amount; and in that it was food in package form and its label failed to bear an 
accurate statement of the quantity of,the contents.
On October 21, 1943, a plea of guilty having been entered on behalf of the 
defendant, the court imposed a fine of $500 on count 1, which charged adulteration 
of the canned shrimp, and suspended imposition of sentence on the remaining 2 
counts. 
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