12183.  Adulteration  and misbranding: of oysters.     TJ.  S. v. National Pack- 
ing:   Co.,   a   Corporation.     Plea   of   gruilty.    Fine,   $15   and   costs.
(P. & D. No. 17421.    I. S. Nos. 4445-v, 4446-v.)
On August 18, 1923, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district an information against the 
National Packing Co., a corporation, Baltimore, Md., alleging shipment by 
said company, in violation of the Food and Drugs Act, on or about January 
29, 1923, from the State of Maryland into the State of Ohio, of a quantity 
of oysters which were adulterated and misbranded. The article was labeled 
in part: " Banner Brand Quality Oysters Packed Only By National Pkg. 
Co. Baltimore, Md."
Examination of the article by the Bureau of Chemistry of this department 
showed that it contained added water.
Adulteration of the article was alleged in the information for the reason 
that a substance, to wit, water, had been mixed and packed with the said 
article so as to lower and reduce and injuriously affect its quality, for the 
further reason that a substance, to wit, added water, had been substituted 
in part for oysters, which the article purported to be, and for the further 
reason that a valuable constituent of the article, to wit, oyster solids, had 
been in part abstracted.
Misbranding was alleged for the reason that the statement, to wit, 
" Oysters," borne on the cans containing t"he article, was false and mis- 
leading, in that it represented that the said article consisted wholly of oysters, 
and for the further reason that the articJe was labeled as aforesaid so as to
deceive and mislead the purchaser into the belief that it consisted wholly of 
oysters, whereas, in truth and in fact, it did not so consist but did consist 
in part of added water.
On February 28, 1924, a plea of guilty to the information was entered on 
behalf of the defendant company, and the court imposed a fine of $15 and costs.
HOWASD M. GOEE, Acting Secretary of Agriculture.