13291. Misbranding of canned shrimp.   U. S. v. 134 Cases    *    *    *.    (F. D. C. No.
24875.   Sample No. 4939-K.)
LIBEL FILED :   June 7,1948, District of Massachusetts.
ALLEGED SHIPMENT : On or about April 9,1948, by the Pelican Oyster & Fish Co., 
from New Orleans, La.
PRODUCT:    134 cases, each containing 48 cans, of shrimp at Brighton, Mass.
LABEL IN PART: "Four Square Brand Wet Pack Shrimp Drained Weight 5 
Ozs.   Distributed By Hercules Frosted & Canned Foods, New Orleans, La."
NATURE OF CHARGE: Misbranding, Section 403 (e) (2), the product failed to 
bear a label containing an accurate statement of the quantity of the contents 
(the cans contained less than the 5 ounces declared) ; and, Section 403 (h) 
(2), the product fell below the standard of fill of container for canned wet 
pack shrimp in nontransparent containers, since the containers were not so 
filled that the cut-out weight of shrimp taken from each can was not less 
than 64 percent of the water capacity of the container, as required by the 
regulations, and its label failed to bear a statement that it fell below such 
standard.
DISPOSITION : July 16, 1948. The Pelican Oyster & Fish Co., claimant, having 
admitted the allegations of the libel, judgment of condemnation was entered 
and the product was ordered released under bond to be relabeled under the 
supervision of the Food and Drug Administration.
FRUITS AND VEGETABLES*
CANNED AND DRIED FRUIT