20734. Adulteration and misbranding of canned mackerel.   U. S. v. 378 Car¬
tons * * *.    (F. D. C. No. 34620.    Sample No. 18023-L.) 
LIBEL FILED :    January 22,1953, District of New Jersey. 
ALLEGED SHIPMENT:   On or about December 15, 1952, by Safeway Stores, Inc.,
from San Francisco, Calif. 
PRODUCT:   378 cartons, each containing 48 cans, of mackerel at Kearny, N. J. 
LABEL IN PART:    (Can)  "Propeller Brand   California Pacific Mackerel * * *
Net Weight 15 Oz.   Distributed By Bridgeport Canfish Company   Head Office
San Francisco, California."
NATURE OF CHARGE : Adulteration, Section 402 (b) (2), 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 "Pacific Mackerel" was 
false and misleading as applied to the article, which was jack mackerel; and, 
Section 403 (i) (1), the label failed to bear the common or usual name of 
the article.
DISPOSITION: February 16, 1954. Safeway Stores, Inc., claimant, having con- 
sented to the entry of a decree, judgment of condemnation was entered and 
the court ordered that the product be released under bond, conditioned that the 
portion of the product found to be in compliance with the law be delivered to 
the custody of the claimant for the purposes of its business and that the 
remainder of the article be delivered to the custody of the claimant for dis- 
tribution to a charitable organization, under the supervision of the Depart- 
ment of Health, Education, and Welfare.