3246. Adulteration and misbranding of oysters. IT. S. v. 150 Cases of Oys??
ters. Consent decree of condemnation and forfeiture. Product?
released on bond.     (F. & D. No. 5572.    S. No. 2101.)
On February 4, 1914, the United States attorney for the District of Minne??
sota, acting upon a report by the Secretary of Agriculture, filed in the District?
Court of the United States for said district a libel for the seizure and con??
demnation of 150 cases, each containing 24 cans of oysters, remaining unsold" in?
the original unbroken packages upon the premises of the Kedney Warehouse?
Co., Minneapolis, Minn., alleging that the product had been shipped on Decern- ??
ber 6, 1913, by the Sea Food Co., Biloxi, Miss., and transported from the State?
of Mississippi into the State of Minnesota, and charging adulteration and mis??
branding in violation of the Food and Drugs Act. The product was labeled:?
(On cases) " Serv-us?Slockum Bergren, Minneapolis." (On cans) "Trade?
Serv-us Mark Brand Registered Oysters Serv-us Pure Food Company, New?
York and Chicago. Distributors. Guaranteed by Serv-us Pure Food Company?
under the Food and Drugs Act June 30, 1906. Serial No. 38251. * * * Net?
Weight 4 oz."
Adulteration of the product was alleged in the libel for the reason that a?
substance, to wit, water, had been mixed and packed with said oysters in such?
a manner as to reduce or lower the quality and strength thereof; and, further,?
that a substance, to wit, water, had been substituted in part for the article, to?
wit, oyster meat. Misbranding of the product was alleged for the reason that?
said retail packages were labeled and branded in such a manner as to repre??
sent that each of said retail packages, or cans, contained 4 ounces net weight of
Supplement.]    SERVICE  AND REGULATORY ANNOUNCEMENTS.	427
oyster meat, whereas, in truth and in fact, each of said retail packages contained?
a much less quantity, to wit, 3.41 ounces of oyster meat, said retail packages?
being so labeled and branded as to deceive and mislead the purchaser thereof.
On February 12, 1914, the Tooker-O'Brien Co., St. Paul, Minn., claimant,?
having consented to a decree, judgment of condemnation and forfeiture was?
entered, and it was ordered by the court that the product should be delivered to?
said claimant upon payment of the costs of the proceeding and the execution of?
bond in the sum of $250 in conformity with section 10 of the act.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, June 8, 1914.