11072. Adulteration and misbranding of canned salmon. U. S. v. Bash?
Estee and the KLenai Packing Co., a Corporation. Dismissed as?
to Kenai Packing Co. Plea of nolo contendere by Rush Estee.?
Fine, $100. (F. & D. No. 15058. I. S. Nos. 10084-t, 10085-t, 10086-t,?
10091-t, 10092-t,  10094h-t.)
On February 1, 1922, the United States attorney for the Western District?
of Washington, acting upon a report by 1he Secretary of Agriculture, filed in?
the District Court of the United States for said district an information against?
Rush Estee, Seattle, Wash., and the Kenai Packing Co., a corporation, trading?
at Seattle, Wash., alleging shipment by said defendants in violation of the?
Food and Drugs Act, in two consignments, on or about December 4, 1920, and?
December 27, 1920, respectively, frpm the State of Washington to Sidney,?
Australia^ of quantities of canned salmon which was adulterated and mis-?
branded. The article was labeled in part, variously: "Kay-Square Brand?
Select Pink Salmon * * * Kenai Packing Co. Seattle, Wash.;" "Keen-?
Eye Finest Alaska Red Salmon * * * Kenai Packing Co. Seattle, Wash.; "?
Horizon Brand Select * * * Medium Red Salmon Kenai Packing Co. Se??
attle Wash."
Adulteration of the article was alleged in the information for the reason?
that it consisted in whole or in part of a filthy, decomposed, and putrid animal?
substance.
Misbranding was alleged in substance for the reason that the statement,?
to wit, " Select * * * Salmon," borne on the labels attached to a number?
of the cans involved in the consignment of December 4, 1920, and the state??
ment, to wit, " Finest * * * Salmon," borne on a number of the cans from?
said consignment, and the statements, to wit, " Fresh Fish " and " Inspected,"?
borne on the labels attached to all the cans from said consignment, and the?
statement, to wit, " Select * * * Salmon," borne on the labels of the cans in??
volved in the remaining consignment, regarding the article and the ingredients?
and substances contained therein, were false and misleading in that the said?
statements represented that the said article with respect to a number of the?
said cans was select salmon, with respect to a number of the said cans was?
finest salmon, and that all of the product involved in the consignment of Decem??
ber 4, 1920, was fresh fish and had passed inspection by the United States?
Government, and for the further reason that it was labeled as aforesaid so?
as to deceive and mislead the purchaser into the belief that the article with?
respect to a number of the said cans was select salmon, with respect to a?
number of the said cans was finest salmon, and that all of the product involved?
in the said consignment of December 4, 1920, was fresh fish and had passed in??
spection by the United States Government, whereas, in truth and in fact, the?
article wns not select salmon, it was not finest salmon, it was not fresh fish,?
and the product involved in the consignment of December 4, 1920, had not?
passed inspection by the United States Government.
On July 17, 1922, a plea of nolo contendere to the information was entered?
by Rush Estee, and the court imposed a fine of $100. The Kenai Packing?
Co. having become bankrupt, the case against the said company was dismissed?
on September 29, 1922.
C. F. MARVIN, Acting Secretary of Agriculture.