20268. Misbranding of canned sardines.   TJ. S. v. 70 Cases * * *.    (F. D. C. No,
34597.   Sample No. 2522-L.) 
LIBEL FILED :    January 13,1953, Eastern District of South Carolina. 
ALLEGED SHIPMENT:   On or about November 14, 1952, by the Riviera Packing
Co., from Eastport, Maine. 
PRODUCT:   70 cases, each containing 48  15-ounce cans, of sardines at Charleston,
S. C.    Examination showed that the article was a mixture of mature and
immature sea herring. 
LABEL IN PART:    (Can) "Sunny Island   Sardines * * * Distributors Roxbury
Sales Co., Inc.  New York and San Francisco, Cal." 
NATURE OF CHARGE:   Misbranding, Section 403 (a), the picture of a tropical
island and of a California sardine, the San Francisco address, and the
designation "Sardines," which appeared on the can label, were false and
misleading as applied to the product, which contained mature and immature
sea herring packed in Maine; and, Section 403 (b), the product was offered
for sale under the name of another food, namely, sardines. 
DISPOSITION:   May 23, 1953.   The shipper, claimant, having consented to the
entry of a decree, judgment of condemnation was entered and the court
ordered that the product be released under bond to be relabeled under the 
supervision of the Department of Health, Education, and Welfare.