1135G. Misbranding of canned oysters. U. S. v. 26 Cases, et al., of Oysters.?
Decree of condemnation and forfeiture. Product released under?
bond. (F. & D. No. 16999. I. S. Nos. 7609-v, 7611-v, 7612-v. S. No.?
W-1243.)
On or about November 29, 1922, the United States attorney for the District?
of Colorado, 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 26 cases of 5-ounce cans, 89 cases of 4-ounce cans, and 35 cases?
of S-ounce cans of oysters, remaining unsold in the original unbroken packages?
at Denver, Colo., consigned by the Pelican Lake Oyster & Packing Co., Houma,?
La., alleging that the article had been shipped from Pass Christian, Miss., on?
or about January 13, 1922. and transported from the State of Mississippi into?
the State of Colorado, and charging adulteration in violation of the Food and?
Drugs Act. The article was labeled in part, variously: (Cans) " ' Pelican Lake '?
Brand Selected Oysters * * * Contents 5 Oz.; " " ' Indian Bay' Brand?
Oysters * * * Contents 4 Oz; " "' Indian Bay' Brand Oysters * * *?
Contents 8 Oz." The cans were further labeled: " Packed by Pelican Lake?
Oyster & Packing Co. Ltd., Houma, 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 in part for the?
said article.
Misbranding was alleged for the reason that the statements, " Contents 5?
Oz.." " Contents 4 Oz," and " Contents 8 Oz," on the respective cans, were false?
and misleading and deceived and misled the purchaser in that the net con??
tents of the said cans was less than 5 ounces, 4 ounces, and 8 ounces of oysters,?
respectively. 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 packages.
On or about March 5, 1923, the Nave-McCord Mercantile Co., Denver, Colo.,?
having entered an appearance as claimant for the property and having admitted?
the material allegations of the libel, 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 execu??
tion of a bond in the sum of $250, in conformity with section 10 of the act.
C. W. PUGSLEY. Acting Secretary of Agriculture.
186	
BUREAU  OF   CHEMISTRY.	
[Supplement 158,