7094. Misbranding of kippered sardines.     U.  S.    *    *    *    v. 400  Cases, Each
Containing 48 Cans of Kippered Sardines. Default decree of con- 
demnation, forfeiture, and sale (F. & D. No. 9688. I. S. No. 13647-r. 
S. No. E-1229.)
On February 8, 1919, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District' Court of the United States for said district a libel for the seizure and 
condemnation of 400 cases, each containing 48 cans, of kippered sardines, re- 
maining unsold in the original unbroken packages at New York, N. Y., alleging 
that the article had been shipped on or about June 12, 1918, by the Curtice 
[Curtis] Corporation, Long Beach, Calif., and transporetd from the State of 
California into the State of New York, and charging misbranding in violation 
of the Food and Drugs Act, as amended. The article was labeled in part, 
" Romona Brand California Kippered Sardines    *    *    *    net contents 13 oz."
Misbranding of the article was alleged in the libel for the reason that the 
statements borne on the labels on the can, to wit, "Net. Contents 13 oz.," was 
false and misleading and deceived and misled the purchaser into the belief that 
said cans each contained 13 ounces of California kippered sardines, when, 
in truth and in fact, the average net contents were from 15.54 per cent to 19 per 
cent short of weight of 13 ounces. Misbranding of the article was alleged 
further in that the true quantity of the contents of each of said cans was not 
plainly and conspicuously marked on the. outside in terms of weight, measure, 
or numerical count.
On August 29, 1919, no claimant having appeared for the property, judgment 
of condemnation and,forfeiture was entered, and it.was ordered by.the court 
that the product should be relabeled and sold by the United States marshal 
and that judgment be entered against Von Brenuen and Asch.e & Co., New York, 
N. Y., for the costs of the proceedings.
E. D. BALL, 
Acting Secretary of Agriculture.