30479. Adulteration and misbranding of frozen fish.     17. S. v. 48 Boxes of Fresh
Fillets.    Default decree of condemnation and destruction.     (F. & D. No.
45197.    Sample No. 51420-D.)
This product was adulterated because it was infested with parasitic worms. 
It also was misbranded because it was represented to be fresh fish, whereas it 
was frozen fish.
On April 13, 1939, 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 48 boxes of perch 
fillets at Philadelphia, Pa.; alleging that the article had been shipped in inter- 
state commerce on or about April 8,1939, by Cape Fish Co. from Boston, Mass.; and 
charging adulteration and misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: (Wrapper) "Deep Water Brand Fresh Fillets."
It was alleged to be adulterated in that it consisted in whole or in part of 
a filthy animal substance.
It was alleged to be misbranded in that the statement on the wrapper, "Fresh 
Fillets," was false and misleading and tended to deceive and mislead the pur- 
chaser, when applied to frozen fish.
On May 2, 1939, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.