13068. Adulteration and  misbranding  of  tuna fish.     tl.  S.  v.  850  Cases  of
Tuna Fish.. Consent decree of condemnation and forfeiture. 
Product released under bond to be relabeled. (F. & D. No. 18873. 
I.  S. No. 12951-v.    S. No. E-4852.)
On July 2, 1924, 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 praying the seizure 
and condemnation of 850 cases of tuna fish, remaining in the original un- 
broken packages at New York, N. Y., alleging that the article had been ship- 
ped by the Curtis Corporation, from Long Beach, Calif., April 22, 1924, and 
transported from the State of California into the State of New York, and 
charging adulteration and misbranding in violation of the food and drugs act. 
The article was labeled in part: (Can) "Curtis Quality White Tuna Meat 
Packed By The Curtis Corporation, Long Beach, Cal. 6% Oz. Net Contents."
Adulteration of the article was alleged in the libel for the reason that a 
substance, to wit, cottonseed oil, had been substituted in part for the said 
article.
Misbranding was alleged for the reason that the packages containing the 
article bore a statement " Tuna," which was false and misleading when ap- 
plied to a product which contained excessive cottonseed oil and was deficient 
in fish, for the further reason that it was labeled so a? to deceive and mis- 
lead the purchaser, in that it contained excessive cottonseed oil, and for the 
further reason that the contents of the packages containing the article were 
not plainly and correctly stated on the outside thereof.
On January 23, 1925, Daniel Beeves (Inc.), New York, N. Y., claimant, hav- 
ing admitted the allegations of the libel and having 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 $8,500, in conformity with section 10 of the act, conditioned in part 
that it be relabeled by pasting on the labels a sticker bearing the statements 
" Slack Filled. Contents 4% Ounces Tuna Meat. Should contain not less 
than 5% ounces Tuna Meat.   Contents Tuna and Oil 6% ounces."
R. W. DUNXAP, Actmff Secretary of Agriculture.