11807. Misbranding1 and  alleged adulteration  of canned  oysters.     TJ.  S.  -v.
22 Cases of Canned Oysters. Decree entered providing for re- 
lease of product under bond to be relabeled. (P. & D. No. 16721. 
I. S. No. 7318-v.    S. No. W-1187.)
On September 1, 1922, the United States attorney for the District of Mon- 
tana, 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 con- 
demnation of 22 cases of canned oysters at Miles City, Mont., alleging that the
article had been shipped by the Hilton Head Packing Co., Savannah, Ga., on 
or about April 1, 1922, and transported from the State of Georgia into the 
State of Montana, and charging adulteration and misbranding in violation of 
the Food and Drugs Act, as amended. The article was labeled in part: " Hil- 
ton Head Brand * * * Contains 5 Oz. Oyster Meat Oysters * * * 
Packed By Hilton Head Packing Co. Office: Savannah, Ga."
Adulteration of the article was alleged for the reason that water and oyster 
juice had been mixed and packed with and substituted wholly and in fact 
[part] for oyster meat, the substance marked and labeled as packed in the 
said cans.
Misbranding of the article was alleged in the libel for the reason that the 
statement appearing on the label of the cans containing the said article, indi- 
cating the weight thereof, namely, " Contains 5 Oz. Oyster Meat," was false 
and misleading and deceived and misled the purchaser. Misbranding was al- 
leged for the further reason that the article was [foodl in package form, and 
the quantity of the contents was not plainly and conspicuously marked on the 
outside of the packages in terms of weight and measure.
On October 3, 1922, the Miles City Mercantile Co., Miles City, Mont, having 
appeared as claimant for the property and having admitted the misbranding 
thereof, judgment of sthe court was entered ordering that the said product be 
released to the claimant upon payment of the costs of the proceedings and the 
execution of a bond in the sum of $100, conditioned in part that it be relabeled 
to show the correct net weight of the contents of the said cans.
HOWAED M. GORE, Acting Secretary of Agriculture.