23940. Adulteration  and misbranding of  canned tuna.    IT.  S.  v.  50  Cases
of Canned Tuna. Default decree of condemnation and destruc- 
tion.    (F. & D. no. 33578.    Sample no. 3946-B.)
This case was based on an interstate shipment of a product labeled " Fancy 
Tuna." Examination showed that it was in part decomposed and was not 
Fancy quality.
On September 29, 1934, the United' States attorney for the Southern District 
of Texas, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 50 cases of canned 
tuna at Houston, Tex., consigned by the French Sardine Co., Inc., Terminal 
Island, Calif., alleging that the article .had been shipped in interstate commerce 
on or about August 16, 1934, from Los Angeles, Calif., into the State of 
Texas, and charging adulteration in violation of the Food and Drugs Act. The 
article was labeled in part: "Eatwell Brand Fancy Tuna » * * French 
Sardine Co."
The article was alleged to be adulterated in that it consisted in part of a 
decomposed and putrid animal substance.
Misbranding was alleged-for the reason that the statement "Fancy Tuna", 
borne on the label, was false and misleading and tended to deceive and mislead 
the purchaser.
On December 12, 1934, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.