20032. Adulteration and misbranding of canned sardines.   U. S. v. 421 Cases
* * *.    (F. D. C. No. 34265.   Sample No. 27319-L.) 
LIBEL FILED :   December 2,1952, Northern District of California.
ALLEGED SHIPMENT : On or about November 19,1952, by the Santa Cruz Canning 
Co., from Moss Landing, Calif., to San Francisco, Calif., for shipment to the 
Philippine Islands.
PRODUCT: 421 cases, each containing 48 15-ounce cans, of sardines at San 
Francisco, Calif. Examination showed that the product was anchovies, con- 
taining little, if any, tomato sauce.
LABEL IN PART :    "Fortune Brand   California Sardines   In Tomato Sauce."
NATURE OF CHARGE: Adulteration, Section 402 (b) (2), anchovies had been sub- 
stituted in whole or in part for sardines.
Misbranding, Section 403 (a), the label statement "Sardines In Tomato 
Sauce" was false and misleading as applied to anchovies containing little, if 
any, tomato sauce.
DISPOSITION: January 23, 1953. D. B. Berelson & Co., San Francisco, Calif., 
claimant, having consented to the entry of a decree, judgment of condemnation 
was entered and the court ordered that the product be released under bond for 
relabeling under the supervision of the Federal Security Agency.