3788. Misbranding: and alleged Adulteration of canned turkey.    U. S. v. 19 Cases
of Turkey Meat.    Default decree of condemnation.    Product ordered de- 
livered to a Federal institution.     (F. D. G. No. 6964.    Sample No. 85621-E.)
This product consisted of turkey meat and giblets, containing excessive 
amounts of broth. It was packed in glass jars in such manner that twice as 
much light as dark meat was visible, while it actually consisted of about equal 
proportions of white and dark meat.-   It was also short of the declared weight.
On March 4, 1942, the United States attorney for the Western District of 
Washington filed a libel against 19 cases of turkey meat at Seattle, Wash., alleg- 
ing that the article had been shipped in interstate commerce on or about January 
12 and February 2, 1942, by Mrs. Fay Leatherwood from Oakland, Oreg.; and 
charging that it was adulterated and misbranded. It was labeled in part: (Jars) 
"Napoleon Fancy; Boneless Turkey Meat 16 Oz. Net. A. Magazine Co. Dis- 
tributors.   Seattle, Wash."
The article was alleged to be adulterated in that a mixture of turkey meat, 
giblets, and excessive broth had been substituted for "Fancy Boneless Turkey 
Meat," which it purported to be.
It was alleged to be misbranded (1) in that the name "Fancy Boneless Turkey 
Meat" was false and misleading as applied to an article which contained giblets 
and broth in addition to turkey meat; (2) in that the statement "16 Oz.'Net" 
was false and misleading as applied to an article which was short weight; (3) in 
that its containers were so filled as to be misleading; (4) in that it was in 
package form and failed to bear a label containing an accurate statement of the 
quantity of the contents; (5) in that it was fabricated from two or more ingredi- 
ents, and its label failed to bear the common or usual name of each ingredient.
On July 31, 1942, no claimant having appeared and the court having found 
that the product was misbranded as alleged in the libel, judgment of condemna- 
tion was entered and the product was ordered delivered to a Federal institution.