11875. Adulteration and misbranding of canned oysters.     IT. S. v. 58 Cases
and 34 Cases of Oysters. Decrees of condemnation and forfeiture. 
Product released under bond. (F. & D. Nos. 17438, 17439. I. S. Nos. 
4526-v, 4527-v.    S. Nos. C-4004, C-4005.)
On or about May 2, 1923, the United States attorney for the District of 
Indiana, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district libels praying the seizure 
and condemnation of 92 cases, each containing 24 cans of oysters, remaining 
in the original unbroken packages at Indianapolis, Ind., alleging that the 
article had been shipped by the Shelmore Oyster Co., Charleston, S. C, on or 
about November 21, 1922, and transported from the State of South Carolina 
into the State of Indiana, and charging adulteration and misbranding in 
violation of the Food and Drugs Act, as amended. The article was labeled in 
part: (Case) "2 Doz. 5 Oz. Oysters." A portion of the article was labeled 
in part:   (Can)   "Oysters Contents 5  Oz."
Adulteration of the article was alleged in the libels for the reason that a 
substance, namely, an excessive amount of brine, had been mixed and packed 
therewith so as to reduce, lower, and injuriously affect its quality and strength 
and had been substituted in part for the said article.
Misbranding of the article was alleged in substance for the reason that the 
cases containing the said cans bore a label regarding the substances contained 
therein, namely, " 5 Oz. Oysters," and a design showing an oyster on the half 
shell, which said label and design were false and misleading and deceived 
and misled the purchaser, in that excessive brine had been mixed and packed 
with and substituted in part for oysters. Misbranding was alleged for the 
further reason that the article was food in package form and the weight of 
the contents of the said cans was not plainly marked on the outside of the said 
cases.
On September 20, 1923, the Shelmore Oyster Products Co., Charleston, S. C, 
having appeared as claimant for the property and having admitted the allega- 
tions of the libels, judgments of condemnation and forfeiture were 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 bonds in the 
aggregate sum of $2,000, in conformity with section 10 of the act.
HOWARD M. GORE, Acting Secretary of Agriculture.