12110. Adulteration and misbranding1 of canned oysters.     TJ. S. v. 25 Cases
of Canned Oysters.     Decree  of condemnation, forfeiture, and  de- 
struction.     (F. & D. No. 659-c.    S. No. E-4143..)
On or about August 3, 1922, the United States attorney for the Southern 
District of Florida, acting upon a report by officers of the Department of Agri- 
culture of the State of Florida, filed in the District Court of the United States 
for said district a libel praying the seizure and condemnation of 25 cases of 
canned oysters, at Haines City, Fla., alleging that the article had been shipped 
by George W. Lowden, from Savannah, Ga., on or about March 8, 1922, and 
transported from the State of Georgia into the State of Florida, and charging 
adulteration and misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: " Palmetto Brand Oysters This Can Contains 5 
Oz. Oyster Meat * * * Packed by Geo. W. Lowden Main Office, Savannah, 
Ga."
Adulteration of the article was alleged in the libel for the reason that exces- 
sive brine had been mixed with and substituted wholly or in part for the said 
article.
Misbranding was alleged in substance for the reason that the labels bore 
the statement regarding the article, to wit, " This Can Contains 5 Oz. Oyster 
Meat," which was false and misleading and deceived and misled the purchaser.
On November 13, 1923, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
C. F. MARVIN, Acting Secretary of Agriculture.