11348.?Misbranding' and alleged adulteration of canned oysters. U. S. v.?
529 Cases of Oysters. Decree of condemnation and forfeiture. Product?
released upon deposit of collateral. (P. & D. No. 17090. I. S. Nos. 8302-v,?
7800-v.    S. Nos. W-1261, W-1262.)
On or about December 29, 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 529 cases of oysters at Tacoma, Wash., alleging?
that the article had been shipped by the Dunbar-Dukate Co., from New Orleans,?
La., in part March 6 and in part September 29, 1922, and transported from 1he?
State of Louisiana into the State of Washington, and charging adulteration?
and misbranding in violation of the Food and Drugs Act, as amended. A por??
tion of the article was labeled in part: " Buck Oysters Standard Packed by?
Dunbar-Dukate Co. New Orleans, .La. Biloxi, Miss * * * Net Contents 10?
Ounces Oyster Meat." The remainder of the said article was labeled in part:?
" Imperial Brand High Grade Packed By Dunbar-Dukate Co. New Orleans,?
La. Biloxi, Miss. Imperial Brand Cove Oysters Net Contents 8 Ounces Oyster?
Meat."
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 article.
Misbranding was alleged for the reason that the statement, " Net Contents?
10 Ounces Oystei Meat," was false and misleading and deceived and misled the?
purchaser. Misbranding 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 January 13, 1923, the Dunbar-Dukate Co., Inc., New Orleans, La., having?
entered an appearance as claimant for the property and having confessed judg??
ment, a decree of condemnation and forfeiture was entered, the court finding
N.J. 11301-11350.]    SERVICE  AND  REGULATORY ANNOUNCEMENTS.       181
the product to be misbranded, and it was ordered that the product be released?
to said claimant upon payment of the costs of the proceedings and the deposit?
of a certified check in the sum of $3,120 to secure compliance with the law,?
in lieu of the bond provided for by section 10 of the act, and it was further?
ordered by the court that the product be relabeled under the supervision of this?
department.
C. W. PUGSLEY, Acting Secretary of Agriculture.