10408.  Misbranding of    oysters.     CJ.    S.     *      *     *     v.    Ivy   I>.    lieonard    and 
Thomas  B.  Leonard   (1.  L.  Leonard).     Pleas   of  guilty.     Kine,  $10 
and costs.     (F. & D. No. 15562.    I. S. Nos.  8674-t, 4920-t.)        '   '
On March 1, 1922, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district an information against Ivy L. 
Leonard and Thomas B. Leonard, copartners, trading as I. L. Leonard, Cam- 
bridge, Md., alleging shipment by said defendants, on or about December 9 
and 13, 1920, respectively, in violation of the Food and Drugs Act, as amended, 
from the State of Maryland into the States of Missouri and Wisconsin, re- 
spectively, of quantities of oysters which were misbranded.
Examination of samples of the article by the Bureau of Chemistry of this 
department showed that the product was short in volume.
Misbranding of the article was alleged in the information for the reason 
that the statement, to wit, " Minimum 1 Gallon Volume," borne on the cans 
containing the article, regarding the said article, was false and misleading 
in that it represented that each of the said cans contained 1 gallon of the 
article, and for the further reason that it was labeled as aforesaid so as to 
deceive and mislead the purchaser into the belief that each of said cans 
contained 1 gallon of the article, whereas, in truth and in fact, each of the said 
cans did not contain 1 gallon of the article but did contain a less amount. 
Misbranding was alleged for the further reason that the article was food in 
package form, and the quantity of tlie contents was not plainly and con- 
spicuously marked on the outside of the package.
On March 1, 1922, the defendants entered pleas of guilty to the information, 
and the court imposed a fine of $10 and costs.
C. W. PUGSLEY, Acting Secretary of Agriculture.