11277.  Misbranding  and  alleged  adulteration  of  canned  oysters.     U.  S. v.
425  Cases  and  150  Gases  of  Canned  Oysters.     Consent   decree   of
condemnation and forfeiture.     Product released under bond.     (F, &
D. No. 16902.    I. S. Nos. 7744-v, 7745-v.    S. No. W-1226.)
On November 1, 1922, the United States attorney for the Western District?
of Washington, 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 425 cases and 150 cases of canned oysters, remaining in?
the original unbroken packages at Seattle, Wash., alleging that the article had?
been shipped by the Dunbar-Dukate Co., Biloxi, Miss., on or about October 5,?
1922, and transported from the State of Mississippi into the State of Wash??
ington, and charging adulteration and misbranding in violation of the Food?
and Drugs Act, as amended. A portion of the article was labeled in part:?
" Emperor Brand Oysters Net Weight 10 Oz." The remainder of the article?
was labeled in part: " Sea-Port Brand Oysters Contents 4 Oz."
Adulteration of the article was alleged in the libel for the reason that exces??
sive brine had been substituted in part for the said article.
Misbranding was alleged in substance for the reason that the statement,?
" Net Weight 10 Oz.," appearing on the labels of the Emperor brand, and the?
statement. *' Contents 4 Oz.," appearing on the labels of the Sea-Port brand,?
were false and misleading, and deceived and misled the purchaser. Misbrand??
ing was alleged 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 December 13, 1922, the Dunbar-Dukate Co., Inc., Biloxi, Miss., claimant,?
having admitted certain allegations of the libel, a decree of the court was?
entered adjudging the product to be misbranded, ordering its condemnation?
and forfeiture, and providing that it be released to the said claimant upon?
payment of the costs of the proceedings and the execution of a bond in the?
sum of $5,270, in conformity with section 10 of the act, conditioned in part?
that it be relabeled under the supervision and to the satisfaction of this de??
partment.
C. W. PUGSLEY, Acting, Secretary of Agriculture.