9331. Adulteration and Misbranding of Canada Cod. TI. S. * * * v. 8 Boxes, 30 Botes, 
10 Boxes, 25 Boxes, 15 Boxes, 7 Boxes, 10 Boxes, and 10 Boxes of Canada Cod. Con- 
sent decree of condemnation and forfeiture with respect to greater portion. Same 
released under bond. Default decree of condemnation, forfeiture, and destruction 
with respect to a small portion. (F. & D. Nos. 11934, 11935, 11936, 12212, 12213, 12214, 
12244, 12245. I. S. Nos. 13323-r, 13325-r, 12379-r, 13216-r, 13217-r, 13218-r, 12793-r, 12794-r. 
S. Nos. E-1962, E-1963, E-1964, E-1996, E-1997, E-1998, E-1985, E-1986.)
On February 11, February 20, and March 2, 1920, respectively, the United States 
attorney for the District of Massachusetts, acting upon a report by the Secretary of 
Agriculture, filed in the District Court of the United States for said district libels 
of information against 8 boxes, 30 boxes, 10 boxes, 25 boxes, 15 boxes, 7 boxes, 10 
boxes, and 10 boxes of Canada Cod, at New Bedford, Brockton, Fall River, Lynn, 
and Boston, Mass., consigned by the Beaver Harbour Trading Co., Eastport, Me., and 
St. John, N. B., between the dates October 29, 1919, and December 16, 1919, alleging 
that the article had been shipped from Eastport, Me., and transported from the State 
of Maine into the State of Massachusetts, and charging adulteration and misbranding 
in violation of the Food and Drugs Act. The article was labeled in part, "Canada 
Cod."
It was alleged in the libel that the article was adulterated in that hake had been 
substituted wholly for cod.
Misbranding was alleged in substance for the reason that the statement on the 
package containing the article, "Canada Cod," was false and misleading in that the 
said article was not cod. Misbranding of a portion of the article was alleged for the 
further reason that it was an imitation of, and offered for sale under the distinctive 
name of, another article.
On April 28, 1920, the George W. Bentley Co., 192 State St., Boston, Mass., having 
entered an appearance as claimant for the greater portion of the product and having 
filed a good and sufficient bond, in conformity with section 10 of the act, judgment 
was entered declaring the product to be adulterated and misbranded as charged in 
the libel of information and- condemning the same, and it was ordered by the court
that the product be released to said claimant upon payment of the costs of the pro- 
ceedings. On February 10, 1921, no claimant having appeared for the portion of the 
product libeled as 15 boxes of Canada Cod, at Lynn, Mass., judgment of condemnation 
and forfeiture was entered, and it was ordered by the court that the product be 
destroyed by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.