12913. Adulteration of frozen crab cocktail and frozen oyster cocktail.   V. S. v.
269 Gases    *    *    *     (and 1 other seizure action).     (F. D. C. No. 21210. 
Sample Nos. 64328-H, 64329-H, 64333-H.)
LIBELS FILED :   October 2,1946, Southern District of New York.
ALLEGED SHIPMENT : On or about August 1,1946, by the Island Seafood Co., Inc., 
Everett, Wash.
PRODUCT: 269 cases, each containing 42 7-ounce packages, of frozen crab cock- 
tail and 150 cases, each containing 42 7-ounce packages, of frozen oyster cock- 
tail at New York, N. Y.
LABEL, IN PART : "Deep-Pak Frozen Fresh Sea Food Dungeness Crab Cock- 
tail [or "Pacific Oyster Cocktail"]."
NATURE OF CHARGE: Adulteration, Section 402 (b) (2), a product consisting 
largely of tomato sauce containing about 25 percent oysters, in the oyster cock- 
tail, and 35 percent crab meat, in the crab cocktail, had been substituted for 
oyster cocktail and crab cocktail, respectively.
Misbranding, Section 403 (a), the names "Crab Cocktail" and "Oyster Cock- 
tail" were false and misleading.
DISPOSITION : On January 3 and May 8,1947, the Island Seafood Co., Inc., claim- 
ant for the crab cocktail, and the Famous Frosted Food Corp., claimant for the 
oyster cocktail, having admitted the allegations of the respective libels, judg- 
ments of condemnation were entered and the products were ordered released 
under bond, conditioned that they be relabeled.
On June 9 and 18, 1947, the claimant for the crab cocktail having failed to 
carry out the terms and conditions of the decree, amended decrees were entered 
ordering the product condemned but permitting its delivery to charitable in- 
stitutions.