11679.?Adulteration and misbranding? of canned oysters.    U. S. v. 471 Cases
and 602 Cases of Oysters. Consent decree of condemnation and?
forfeiture. Product released tinder bond. (F. & D. No. 17433. I. S.?
Nos. 5310-v, 5311-v.    S. No. C-2950.)
On March 31, 1923, the United States attorney for the District of Kansas,?
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 condem??
nation of 471 cases, containing 10-ounce cans, and 602 cases, containing?
5-ounce cans, of oysters at Atchison, Kans., alleging that the article had been?
shipped by the Shelmore Oyster Products Co., from Charleston, S. C, on or?
about January 20, 1923, and transported from the State of South Carolina into?
the State of Kansas, and charging adulteration and misbranding in violation?
of the Food and Drugs Act.    The article was labeled in part: " Crown Brand
*?* * Oysters All Goods Under Crown Brand Are Fully Guaranteed Con??
tents 10 Ozs." (or "Contents 5 Ozs.").
Adulteration of the article was alleged in the libel for the reason that?
excessive brine had been mixed and packed with the said article so as to?
injure, lower, and affect its quality, purity, and strength.
Misbranding was alleged for the reason that the statements, " Contents 10?
Ozs." and " Contents 5 Ozs.," appearing on the respective-sized cans containing?
the article, were false and misleading. 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 April 27, 1923, the Dolan Mercantile Co., Atchison, Kans., having ap??
peared as claimant for the property and consented to the entry of a decree, judg??
ment of condemnation 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 $500, in conformity?
with section 10 of the act, conditioned in part that it be rebranded to show?
the true contents of the said cans.
HOWABD M. GORE, Acting Secretary of Agriculture.