11549.?Adulteration   and   misbranding:  of   canned   oysters.      V.   S.   v?   IJX)
cases of oystei*s. Consent decree of condemnation and for??
feiture. Product released under bond. (F. & D. No. 17474. I. S.?
No. 8008-v.    S. No. W-1376.)
On April 24, 1923, 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 praying the seizure?
and condemnation of 190 cases of oysters, remaining in the original unbroken?
packages at San Francisco, Calif., consigned by the Pelican Lake Oyster &?
Packing Co., Ltd., New Orleans, La., alleging that the article had been shipped?
from New Orleans, La., March 16, 1923, and transported from the State of?
Louisiana into the State of California, and charging adulteration and misbrand??
ing in violation of the Food and Drugs Act. The article was labeled in part:?
" ' Pelican Lake ' Brand Selected Oysters Net Contents 5 Oz. Packed by Pelican?
Lake Oyster & Packing Co. Ltd., Houma, La."
Adulteration of the article was alleged in the libel for the reason that water?
bad been mixed and packed with and substituted wholly or in part for the said?
article.
Misbranding of the article was alleged for the reason that the statement ap??
pearing on the said label, to wit, " Oysters," was false and misleading and?
deceived and misled the purchaser.
On May 1, 1923, the Pelican Lake Oyster & Packing Co., Ltd., Houma, La.,?
having appeared as claimant for the property and 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 $874, in conformity with section 10 of the act, conditioned in part?
that it be made to comply with the provisions of the law under the supervi??
sion of this department.
HOWARD M. GORE, Acting Secretary of Agriculture.