F. &. D. No. 3548.
S. No. 1314.	
Issued September 10. 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1621.
(Given pursuant to section 4 of the Food and Drugs Act.)
H-ISBBANDING OF FISH.
On March 12, 1912, the United States Attorney for the Southern?
District of New York
 acting upon a report by the Secretary of Agri??
culture, filed in the District Court of the United States for said dis??
trict a libel for the seizure and condemnation of 300 boxes of fish?
remaining unsold in the original unbroken packages and in posses??
sion of Thomas Stokes & Sons, New York, N. Y., alleging that the?
product had been shipped on or about February 27, 1912, by T. M.?
Nicholson, Bucksport, Me., and transported from the State of Maine?
into the State of New York
, and charging misbranding in violation?
of the Food and Drugs Act. The product was labeled: " Choice?
Cromarty Smoked Bloaters 50 Full Count Choice Cromarty Smoked?
Bloaters."
Misbranding was alleged in the libel for the reason that each box?
containing the product bore a statement, design, and device regard??
ing said product and the ingredients and substances contained?
therein which was false and misleading, to wit, each box bore the?
label set forth above
 whereas, in truth and in fact, each package?
did not contain smoked bloaters, but did contain sea herring. Mis??
branding was further alleged for the reason that the product was?
falsely branded as to the State, Territory, and country in which it?
was manufactured and produced, to wit, each box bore on two sides?
the labels aforesaid, whereas, in truth and in fact, said fish were not?
manufactured and produced in, and had no connection whatever?
with, the town of Cromarty.
On March 29, 1912, T. M. Nicholson, claimant, having consented?
to a decree, judgment of condemnation and forfeiture was entered?
and it was lurther ordered that, upon payment of all costs by said?
claimant and the execution and delivery by him of bond in conform??
ity with section 10 of the Act, fixed by the court at $500, the product?
should be released and delivered to said claimant.
W. M. HAYS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C, June 20, WW.
51198??No. 1G21?12