3723. Misbranding of canned shrimp.    U. S. v. Max Pinkus (John Price & Co;>. 
\ Plea  of nolo   contendere.     Fine,  $1,000,  of which $750 was remitted.
\ (F. D. C. No. 7291.    Sample No. 54447-E.)
y The labeling of this product falsely represented that it had been packed under 
the supervision of the United States Food and Drug Administration.
On August 11, 1942 the United States attorney for the Eastern-District Of 
Pennsylvania filed an information against Max Pinkus, trading as John Price & 
Co., Philadelphia, Pa., alleging that on or about October 2,1941, a quantity of glass- 
packed shrimp in unlabeled jars had been shipped in interstate commerce to the 
defendant and that during the period from said date to on or about December 11, 
1941 and while the said shrimp was being held for sale after such shipment in 
interstate commerce, the defendant had labeled a quantity of said shrimp by 
affixing and causing to be affixed to the jars, a label bearing the following state- 
ments and design: "Garden Reg. U. S. Pat Off. Brand [vignette of house and 
garden] Drained "Weight 5% Oz. Shrimp Production Supervised by U. S. Food and 
Drug Administration Packed For John Price & Co. Phila., Pa., U. S. A.," and 
that such act had resulted in the article's being misbranded.
The information alleged further that the article when so labeled, was mis- 
branded in that the statement "Production supervised by U. S. Food and Drug 
Administration" was false and misleading since it represented that the shrimp 
had been produced under the supervision of the U- S. Food and Drug Administra- 
tion, whereas it had not been so produced.
The information also alleged further violation by the defendant in the un- 
lawful and unauthorized use of the Sea Food Inspection legend in violation of 
the Food and Drugs Act of 1906, as reported in notice of judgment No. 31146 pub- 
lished under that act.
On September 9, 1942, the defendant having entered a plea of nolo contendere, 
the court imposed a fine of $1,000 on each of the two counts but remitted $750 
of each fine.
Nos. 3724 to 3728 report the seizure and disposition of frozen shrimp that was 
in whole or in part decomposed.