12087. Misbranding of canned salmon.    U. S. v. 2,656 Cases    *    *    ».    (F. D. C.
No. 22301.    Sample Nos. 59976-H to 59982-H, incl.)
LIBEL FILED :   February 21,1947, Western District of Pennsylvania.
ALLEGED SHIPMENT: On or about November 6, 1946, by Charles R. Allen, Inc., 
from Aberdeen, Wash.
784128—48 i 
"      '-'   -
7y2 Oz. Packed for Dungeness Crab, Inc., Seattle, Washington," "Open Sea 
Brand Fancy Chinook Salmon Distributed by Seashore Packing Co., Ho- 
quiam, Washington Net Contents 7% Ounces," "Southern Pride Brand 
Medium Red Salmon Net Contents 7% Oz. When Packed Distributed by 
Elmer W. Smith Inc. Seattle, Wash.'," "Storm King Brand Chinook Fancy 
Red Spring Salmon Contents 7% Oz. Roiph, Mills & Co. Selling Agents," 
"Pacific Salmon Medium Red Contents 6% Ozs. Packed by Dungeness Crab, 
Inc. Westport, Wash.," "Fancy Pacific Salmon Troll Caught Net Wt. 7% 
Oz. Packed by Aberdeen Sea Foods Inc. Aberdeen, Wash.," or "Top Side 
Brand White Chinook Paget Sound Salmon Contents 7% Oz. Packed 
by Nooksack Packing Co.    Cannery at Beach, Lummi Island, Wash."
NATURE OF CHARGE: West Haven Brand misbranding, Section 403 (a), the 
label designation "Fancy Salmon" was false and misleading (the product was 
low-quality chinook, coho, or chum salmon) ; and, Section 403 (d), its con- 
tainer was so filled as to be misleading, since the cans were not filled as full 
as practicable.
Open Sea Brand misbranding, Section 403 (a), the label designation 
"Fancy Chinook Salmon" was false and misleading (the product was chinook 
and coho salmon, which was not of fancy quality) ; and, Section 403 (a), the 
label statement "Distributed by Seashore Packing Co. Hoquiam, Washington" 
was false and misleading, since the article was not distributed by that company. 
Southern Pride Brand misbranding, Section 403 (a), the label designation 
"Medium Red Salmon" was false and misleading (the product was chinook 
and chum salmon); Section 403 (a), the label statement "Distributed by Elmer 
W. Smith Inc., Seattle, Wash." was false and misleading, since the article was 
not distributed by that company; Section 403 (d), its container was so filled as 
to be misleading, since the cans were not filled as full as practicable; and, Sec- 
tion 403 (e) (2), the label of the article failed to bear an accurate statement 
of the quantity of the contents (the cans in certain codes were short-weight). 
Storm King Brand misbranding, Section 403 (a), the word "Red" appearing 
in the label designation of the article was misleading (the product was king 
salmon, known also as chinook or spring salmon, but was not known as red 
salmon) ; and, Section 403 (e) (1), the label of the article failed to contain the 
name and place of business of the manufacturer, packer, or distributor.
Pacific Salmon Medium Red. Misbranding, Section 403 (a), the label desig- 
nation "Pacific Salmon Medium Red" was false and misleading (the salmon 
was not of the medium red species, but was of the chinook species) ; and, Sec- 
tion 403 (d), the container was so filled as to be misleading, since the cans 
were not filled as full as practicable.
Fancy Pacific Salmon Troll Caught. Misbranding, Section 403 (a), the label 
designation "Fancy Pacific Salmon" was false and misleading (the salmon 
was not of fancy quality).
Top Side Brand misbranding, Section 403 (a), the label statement "Packed 
by Nooksack Packing Co. Cannery at Beach, Lummi Island, Wash." was false 
and misleading, since this packer had been out of business for many years.
DISPOSITION : June 4, 1947. Charles R. Allen, Inc., claimant, having admitted 
the allegations of the libel, judgment of condemnation was entered and the 
product was ordered released under bond, conditioned that it be relabeled in 
compliance with the law, under the supervision of the Food and Drug 
Administration.