29662. Misbranding of canned mackerel.    U. S. v. 98 Cases of Mackerel.    Decree
of condemnation.    Product released under bond to be relabeled.     (F. &
D. Nos. 44099, 44100.   Sample Nos. 2039-D, 20310-D.)
This product was short of the declared weight.
On October 11, 1938, the United States attorney for the Eastern District 
of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 98 cases of 
canned mackerel at Philadelphia, Pa.; alleging that -the article had been shipped 
in interstate commerce on or about September 18, 1938, by American Shippers
Association from Los Angeles, Calif.; and charging misbranding in violation 
of the Food and Drags Act as amended. The article was labeled in part: 
"King Solomon Brand Fancy Mackerel Contents 1 lb. * * * Distributed by 
Coast Fishing Co., Wilmington, Cal."
It was alleged to be misbranded in that the statement "Contents 1 Lb." was 
false and misleading and tended to deceive and mislead the purchaser when 
applied to an article that was short weight; and in 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, since the statement made was incorrect.
On October 31, 1938, the Coast Fishing Co. having appeared as claimant, 
judgment of condemnation was entered, and the product was ordered released 
under bond to be relabeled under the supervision of this Department, and not 
disposed of contrary to law.
M. L. WILSON, Acting Secretary of Agriculture.