14404. Adulteration and misbranding of canned sardines. U. S. v. 845 Cases * * * (and 4 other seizure actions). (F. D. C. Nos. 25163, 25164, 25560, 26024, 26031. Sample Nos. 4899-K, 4908-K, 55S0-K, 8809-K, 9855-K, 10944-K.) LIBELS FILED: August 5, September 7, and November 9 and 12, 1948. Eastern and Southern Districts of New York, District of Massachusetts, and District of Connecticut: amended libel filed August 16, 1948, in the Eastern District of New York. ALLEGED SHIPMENT: Cn or about April 8. 19. 26, and 30. 1918. iron) San Fran- cisco and Alameda, Calif., by the Romeo Packing Co. PRODUCT: Canned sardines. 845 cases at Brooklyn, N. Y.; 588 cases at New York, N. Y.; 34 cases at Boston, Mass., and 147 cans at Brockton, Mass.; and 12 cases at Waterbury, Conn. Each case contained 48 15-ounce Kans. LABEL IN PART : "Valco California Sardines In Tomato Sauce" or "Allied Brand California Sardines In Tomato Sauce * * * Packed for Allied Produce Company, San Francisco, California." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the Brooklyn and the New York lots of the product consisted in whole or in part of a decomposed substance by reason of the presence of decomposed herring, and the other lots of the product were unfit for food by reason of a disagreeable metallic taste; and, Section 402 (b) (2), herring in a thin, watery packing medium had been substituted in whole or in part for sardines in tomato sauce, in the case of the Brooklyn and New York lots. Misbranding, Section 403 (a), the designation "California Sardines In To- mato Sauce" on the label of the Brooklyn and New York lots of the product was false and misleading as applied to an article consisting of herring in a thin watery packing medium, and the name "California Sardines" on the label of the other lots was false and misleading as applied to an article consisting of sea herring. DISPOSITION : August 27, October 1, and November 15, 1948, and January 5 and April 4,1949. Default decrees of condemnation and destruction.