19074. Misbranding of canned sardines.   U. S. v. 496 Cases * * *.    (F. D. C.
No. 31790.    Sample No. 10985-L.)
LIBEL FILED :    October 12, 1951, Southern District of Ohio.
ALLEGED SHIPMENT: On or about June 18, 1951, by the Tilghman Packing Co., 
from Tilghman, Md.
PRODUCT: 496 cases, each containing 24 1-pound, 10-ounce cans, of sardines 
at Cincinnati, Ohio.
LABEL IN PART: "Tilghman Pan Ready For Broiling or Frying Five In- 
dividually Wrapped Sardines   Herring   Contents 1 Lb. 10 Oz."
NATURE OF CHARGE: Misbranding, Section 403 (a), the label designation "Sar- 
dines" was false and misleading since the product was large herring indi- 
vidually parchment wrapped and packed in brine; and, Section 403 (e) (2), the 
product failed to bear a label containing an accurate statement of the quantity 
of the contents (the cans were short of the declared weight).
DISPOSITION: On March 3, 1952, on the motion of the claimant, the shipper, 
the case was removed to the United States District Court for the District 
of Delaware. On December 8, 1952, the claimant having consented to the. 
entry of a decree, judgment of condemnation was entered and the court or- 
dered that the product be released under bond to be relabeled, under the 
supervision of the Federal Security Agency.