17142. Adulteration and Misbranding of canned tuna fish.     U. S. v. 85 Cases
and 5 cases of Canned Tuna Fish. Consent decree of condemnation 
and forfeiture. Product released under bond. (F. & D. No. 24425. 
I. S. Nos. 019210, 019211.    S. No. 2687.)
On January 8, 1930, the United States attorney for the District of Oregon 
actirg upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district a libel praying seizure and condemnation 
of 85 cases containing 7-ounce cans, and 5 cases containing 13-ounce cans, of 
tuna fish, remaining in the original unbroken packages at Portland, Oreg., al- 
leging that the article had been shipped by Cohn Hopkins (Inc.), San Diego, 
Calif., on or about December 23, 1929, and transported from the State of Cali- 
fornia into the State of Oregon, and charging adulteration and misbranding 
in violation of the food and drugs act as amended. The article was labeled 
in part: (Cans) "California Flakes Salad Tuna Packed by Cohn-Hopkins, Inc.r 
*   *   *   San Diego, Calif., Contents 7 Oz." (or " Contents 13 Oz.").
Adulteration was alleged with respect to the 5 cases of the product, labeled 
" Contents 13 Oz.," for the reason that it consisted in whole or in part of a 
filthy, decomposed, or putrid animal substance.
It was alleged in the libel that the article was misbranded in that the state- 
ments on the labels, " Contents 7 Oz." or " Contents 13 Oz.," ras the case might 
be, were false and misleading and deceived and misled the purchaser. Mis- 
branding was alleged for the further reascn that the article was food in pack- 
age form and failed to bear a plain and conspicuous statement of the quantity 
of the contents, since the statement made was incorrect.
On March 7, 1930, Cohn Hopkins (Inc.), San Diego, Calif., having appeared 
as claimant for the property 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 
costs and the execution of a bond in the sum of $500, conditioned in part that 
it be reconditioned and relabeled in a manner satisfactory to this department.
ABTHTTB M. HYDE, Secretary of Agriculture.