13885. Adulteration and misbranding- of canned tnna flsh.    U. S. v. T Cases.
of  Tnna  Fish.    Default  decree  of  condemnation, forfeiture, and 
destruction.    (F. & D. No. 19926.    I. S. No. 16486-v.    S. No. Er-5199.)
On or about April 2, 1925, the United States attorney for the Southern Dis- 
trict of Florida, 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 7 cases of tuna fish, remaining in the original 
unbroken packages at Jacksonville; Fla., alleging that the article had been 
shipped by the M. DeBruyn Importing Co., from New York, N. Y., on or about 
December 4, 1924, and transported from the State of New York into the State 
of Florida, and charging adulteration and misbranding in violation of the food 
and drugs act as amended. The article was labeled in part: (Can) "Tuna 
Standard All Light Meat   *    *    *    Net Contents 7 Ounces."
Adulteration of the article was alleged in the libel for the reason that a sub- 
stance, yellowtail, had been mixed and packed therewith so as to reduce, lower, 
and injuriously affect its quality and strength and had been substituted wholly 
and in part for the said article.
Misbranding was alleged for the reason that the statements " Tuna * *? * 
Standard All Light Meat Net Contents 7 Ounces," borne on the label, were 
false and misleading and deceived and misled the purchaser, for the further 
reason that the article was offered for sale under the distinctive name of an- 
other article, and for the further reason that it was food in package form and 
the quantity of the contents was not plainly and conspicuously marked on the 
outside of the package.
On August 7, 1925, no claimant having appeared for the property; judgment 
of condemnation and forfeiture
' was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
C. F. MABVIN, Acting Secretary of Agriculture.