20378. Adulteration and misbranding of canned mackerel.   U. S. v. 99 Cases
* * *.   (F. D. C. No. 34640.   Sample No. 44918-L.) 
LIBEL FILED :    February 6,1953, District of Rhode Island.
ALLEGED SHIPMENT: On or about December 1, 1952, by Sun-Pacific, Inc., from 
San Francisco, Calif.
PRODUCT: 99 cases, each containing 48 15-ounce cans, of mackerel at Provi- 
dence, R. I.
LABEL IN PART :    (Can) "Sultana Brand   Mackerel."
NATURE OF CHARGE: Adulteration, Section 402 (b) (2) horse mackerel (jack 
mackerel) had been substituted in whole or in part for Pacific mackerel, 
which the article was represented to be.
Misbranding, Section 403 (a), the label statement "Mackerel" and the 
vignette depicting Pacific mackerel were false and misleading as applied to 
the article, which was horse mackerel (jack mackerel); and, Section 403 (i) 
(1), the label of the article failed to bear the common or usual name of the 
article.
DISPOSITION : May 21,1953. Franco-Italian Packing Co., Inc., Terminal Island, 
Calif., claimant, having consented to the entry of a decree, judgment of con- 
demnation was entered and the court ordered that the product be released 
under bond for relabeling under the supervision of the Department of Health,
. Education, and Welfare,'