11209.?Adulteration and misbranding of canned oysters.    U. S. v. 16 Cases
of    Oysters.     Consent    decree    of    condemnation    and    forfeiture.?
Product released under bond.     (F. & D. No.  17087.    I.  S. No. 8110-v.
S. No. W-1269.)
On December 27, 1922, the United States attorney for the Northern District?
of California, 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?
condemnation of 16 cases of oysters, remaining in the original unbroken pack??
ages at San Francisco, Calif., alleging that the article had been shipped by?
the Dunbar-Dukate Co., New Orleans, La., about June 19, 1922, and transported?
from the State of Louisiana into the State of California, and charging adul??
teration and misbranding in violation of the Food and Drugs Act, as amended.?
The article was labeled in part: " Louisiana Cove Oysters Net Contents 5 Ozs.?
Oyster Meat   Dunbar Dukate Company, New Orleans, La."
Adulteration of the article was alleged in the libel for the reason that water?
or brine had been mixed and packed with and substituted wholly or in part?
for the said article.
Misbranding was alleged for the reason that the statement, " Net Contents?
5 Ozs/Oyster Meat," was false and misleading and deceived and misled the?
purchaser, and for the further reason that the article was [food] in package?
form, and the quantity of the contents was not plainly and conspicuously?
marked on the outside of the package.
On January 9, 1923, the James Force Co., San Francisco, Calif., claimant,?
having consented to the entry of a decree, judgment of condemnation and?
forfeiture was entered, and it was ordered by the court that the product be?
released to the said claimant upon payment of the costs of the proceedings and?
the execution of a bond in the sum of $100, in conformity with section 10 of?
the act, conditioned in part that it be made to conform with the provisions of?
the said act, under the direction and to the satisfaction of this department.
C. W. PUGSLEY, Acting Secretary of Agriculture.