25672. Misbranding of canned tuna. U. S. v. 420 Cases of Canned Tuna. Con- 
sent decree of condemnation and forfeiture providing for release of 
the product under bond for relabeling. (F. & D. no. 86521. Sample nos. 
42151-B, 42185-B, 50237-B.)
The label of this article bore an inaccurate statement as to weight.
On October 18, 1935, 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 a libel praying seizure and condemnation of 420 cases of canned 
tuna at New York, N. Y., alleging that the article had been shipped in inter- 
state commerce, on or about August 12, 1935, by the Van Camp Sea Food Co., 
from Terminal Island, Calif., and charging misbranding in violation of the 
Food and Drugs Act as amended. The article was labeled in part: (Can) "The 
Famous Royal Scarlet Brand Light Meat Tuna Fish Packed in Oil Contents 
7 oz. avoir 198 grams R. C. Williams & Co. Inc. Distributors New York U. S. A."
Misbranding of the product was charged (a) under the allegation that the 
label bore the statement, to wit, "Contents 7 oz. avoir 198 grams"; that the 
said statement was false and misleading and tended to deceive and mislead 
the purchaser; (b) under the allegation that the product was in package form 
and the quantity of the contents was not plainly and conspicuously marked on 
the outside of the package since the statement made was incorrect.
On January 31, 1936, the product having been claimed by R. C. Williams & 
Co., Inc., a consent decree of condemnation and forfeiture was entered, pro- 
viding for release of the product to the claimant for relabeling upon furnishing 
of bond in the sum of $1,500.
W. R. GBEGQ, Acting Secretary of Agriculture.