23026. Adulteration  and misbranding of   canned  tuna.     V.   S.  v.   Franco-
Italian Packing Co., Inc.    Plea of gnilty.    Fine, $25.     (F. & D. no.
30181.    Sample no. 8853-A.)
This case was based on an interstate shipment of canned tuna which was 
found to be in part tainted or stale. The article was also labeled as having 
been packed by a firm other than the actual packer.
On June 2, 1933, the United States attorney for the Southern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Franco-Italian Packing Co., Inc., 
, Terminal Island, Calif., alleging shipment by said company in violation of the 
-:Food and Drugs Act, on or about April 18, 1932, from the State of California 
into the State New York, of a quantity of canned tuna which was adulterated 
and misbranded. The article was labeled in part: (Cases and cans) " Breast- 
O'Chieken Brand Extra Fancy Tuna Fish Packed By Westgate Sea Products 
Company, San Diego, California."
The article was alleged to be adulterated in that it consisted in part of a 
filthy, decomposed, and putrid animal substance.
Misbranding was alleged in that the statement, " Packed By Westgate Sea 
Products Company ", borne on the cases and cans, was false and misleading, 
and in that it was labeled as aforesaid so as to deceive and mislead the pur- 
chaser, since it was not packed by the Westgate Sea Products Co., but was 
packed by the Franco-Italian Packing Co., Inc.
On October 18, 1934, a plea of guilty was entered on behalf of the defendant 
company, and the court imposed a fine of $25.
M. L. WILSON, Acting Secretary of Agriculture.