21419. Adulteration and misbranding of fish fillets and fish sticks.   U. S. v. 76
Cases, etc.    (F. D. C. No. 36451.   Sample Nos. 59868-L to 59871-L, incl.)
. LIBEL FILED :   March 16, 1954, Western District of North Carolina.
ALLEGED SHIPMENT: On or about November 9 and December 15, 1953, and 
January 11, 23, and 27, and February 8, 1954, by the Sea Pak Corp., from 
St. Simons Island, Ga.
PRODUCT: 76 cases, each containing 7 boxes, and 49 cases, each containing 24 
packages, of fish sticks, and 101 cases, each containing 24 packages, and 51 
cases, each containing 6 boxes, of fish fillets at Charlotte, N. C.
Examination showed that the product in the 49-case lot was a mixture of 
ood and haddock and that the product in the other lots was haddock.
LABEL IN PART: (Box) "Uni-Serv Breaded Ocean White Fish Sticks Sea 
Pak 78 tasty 1 oz. fish sticks Ready to cook" ; (package) "Breaded Ocean 
White Fish * * * 12 tasty fish sticks * * * Sea Pak * * * Net 
Wt. 12 Ozs." and "Breaded Ocean White Fish Skinless—Boned 3 indi- 
vidual fillets * * * Sea Pak * * * Net Wt. 12 Ozs."; (box) "Uni- 
ted Breaded Ocean White Fish Sea Pak * * * 20 individual 4 oz. 
fillets   Ready to cook."
NATURE OF CHARGE: Adulteration, Section 402 (b) (2), haddock and cod had 
been substituted for ocean whitefish, which the articles were represented 
to be.
Misbranding, Section 403 (a), the label statement "Ocean White Fish" was 
false and misleading as applied to fish which was haddock or a mixture of 
cod and haddock.
DISPOSITION: April 8, 1954. The Sea Pak Corp., claimant, having consented 
to the entry of a decree, judgment was entered providing for the release of 
the product under bond for relabeling in accordance with the law.