12173^. Misbranding and alleged adulteration of .canned,..oysterse V. S. v. 
19,680 Cans and 730 Cans of Oysters. Consent decree of con- 
demnation  and forfeiture.     Product  released  under  bond.     (F.   &
D. No. 17432.    I. S. Nos. 5312-v, 5'313-v.    S. No. C-4002.)
On or about March 26, 1923, the United States attorney for the Western 
District of Missouri, 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 cbndemnation' of 19,680 alleged 5-ounce cans and 720 alleged 
10-ouuce cans of oysters., remaining in the original unbroken packages at 
Kansas City, Mo., alleging that the article had been shipped by the Shelmore 
Oyster Products Co., from Charleston, S. C, on or about January 81, 1923, 
and transported from the State of South Carolina into the State of Missouri, 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act, as amended. The article was labeled in part: (Cans) "Oysters * * * 
-Crystal Bay Brand * * * Contains 5 Oz. Oyster Meat" (or "Contains 
10 Oz. Oyster Meat").
Adulteration of the article was alleged in substance in the libel for the 
reason that excessive brine had been mixed and packed therewith so as to 
reduce and lower its quality and strength, and for the further reason that 
brine had bee1!! substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the statement appearing on 
the labels of the said cans, "5 Oz." or "10 Oz.," as the case might be, was 
false and misleading and deceived and misled the purchaser. Misbranding 
was alleged for the further reason that the article was an imitation and was 
offered, for,?sale un4er the distinctive name of another article. 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, since the quantity stated was incorrect.
On April 16, 1923, the Shelmore Oyster Products Co., Charleston, S. C, 
claimant, having admitted the allegations of the libel and consented to the 
entry of a decree of condemnation and forfeiture, judgment of the court was 
entered finding the product to be misbranded and ordering that it be released 
to the claimant upon payment of the costs of the proceedings and the execu- 
tion of a bond in the sum of $1,000, in conformity with section 10 of the act, 
conditioned in part that it be relabeled under the supervision of this depart- 
ment.
HOWABD M. GOEE, Acting Secretary of Agriculture.