19267. Adulteration and misbranding of canned tuna.   U. S. v. 7 Cases * * *.
(F. D. C No. 33221.   Sample No. 8732-L.)
LIBEL FILED :   April 29,1952, Northern District of New York. 
ALLEGED SHIPMENT :   On or about November 23, 1951, by Wilbur-Ellis Co., Inc., 
from New Bedford, Mass.
PRODUCT: 7 cases, each containing 48 7-ounce cans, of canned tuna at Syra- 
cuse, N. Y.
RESULTS OF INVESTIGATION:   The product was shipped in unlabeled cans to
Brooklyn, N. Y., and labeled there by Wilbur-Ellis Co., Inc., and reshipped to
Syracuse, N. Y., on or about January 28,1952. 
LABEL IN PART :   "Red & White Brand   Fancy   Solid Pack   Light Meat   Tuna
Contents 7 Oz. Avoir.   Product of Peru." 
NATURE OF CHARGE:   Adulteration, Section 402 (a)  (3), the product consisted
in whole or in part of a decomposed substance by reason of the presence of
decomposed fish.
Misbranding, Section 403 (a), the label statements "Fancy * * * Product 
of Peru" were false and misleading since the product consisted of low quality- 
tuna and was of domestic origin; and, Section 403 (e) (2), it failed to bear 
a label containing an accurate statement of the quantity of the contents since 
the cans contained less than 7 ounces. The product was misbranded while 
held for sale after shipment in interstate commerce. 
DISPOSITION :   June 5,1952.   Default decree of condemnation and destruction.