11636. Adnlteration and misbranding of canned shrimii, V. S. v. 100 Cases?
of Canned Shrimp, Consent decree of condemnation and forfei??
ture. Product released under bond. (F. & D. No. 17216. I. S. No.?
231-v.     S.   No.  E-3249.)
On February 2. 1923, the United States attorney for the Eastern 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 praying the seizure?
and condemnation of 100 cases of canned shrimp, remaining unsold in the?
original unbroken packages at Brooklyn. N. Y., alleging that the article had?
been shipped by the Waldmeier Pack'ng Co., from New Orleans, La., on or?
about October 25, 1922. and transported from the State of Louisiana into the?
State of New York, and charging adulteration and misbranding in violation of?
the Food and Drugs Act, as amended. The article was labeled in part:(Cans)?
" Bull Dog Brand * * * Barataria Shrimp * * * Contents 5 3/4 Ozs.?
Wet Pack Packed By Waldmeier Packing Co. New Orleans, La."
Adulteration of the article was alleged in the libel for the reason that water?
or brine had been mixed and packed with and substituted in whole or in part?
for the said article.
Misbranding was alleged for the reason that the statement appearing on the?
label of the cans containing the article. " Shrimp * * * Contents 5 3/4?
Ozs.," was false and misleading and deceived and misled the purchaser. Mis??
branding was alleged for the further reason that the article was food in pack??
age form, and the quantity of the contents was not plainly and conspicuously?
marked on the outside of the package.
On May 24, 1923. the H. C. Bohack Co., Inc., Brooklyn, N. Y., claimant,?
having admitted the allegations of the libel and consented to the entry of a?
decree, judgment of condemnation and forfeiture was entered, and it was?
ordered by the court that the product be released to the said claimant upon?
payment of the costs of the proceedings and the execution of a bond in the sum?
of $500, in conformity with section 30 of the act, conditioned in part that it be?
relabeled " Slack Filled. A can of this size should contain 5 3/4 oz. cut-oul?
weight of shrimp.    This can actually contains 4 2/3 ozs. of shrimp."
HOWARD M. GOKE, Acting Secretary of Agriculture.
342	
BUREAU   OF   CHEMISTRY.	
ISupplement 163r