12261. Adulteration inrnd misbranding' of canned oysters. TJ. S. v. 75 
Cases and 250 Cases of Oysters.     Product released under bond to
be relabeled.     (F. & D.  No.  3 7554.     1.  S.  Nos.  11464-v, 114G5-V.     S.  No. 
W-1386.)
On June 11, 1923, the United States attorney for the Western District of 
Washington, 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 condemnation of 75 cases, containing 8-ounce cans and 250 cases contain- 
ing 10-ounce cans of oysters, at Tacoma, Wash., alleging that the article had 
been shipped by the Dixie Fruit Products Co., from Mobile, Ala., on or about 
March 21, 1923, and transported from the State of Alabama into the State 
of Washington, and charging adulteration and misbranding in violation of 
the food and drugs act, as amended., The article was labeled in part: (Can 
and case) " Mo-Bil-Bay Brand * * * Oysters * * * Packed Ex- 
pressly For Dixie Fruit Products Co. Mobile, Ala. * * * Contains 8 Ozs, 
Oysters" (or "Contains 10 Ozs. Oysters").
Adulteration of the article was alleged in the libel for the reason that ex- 
cessive brine had been mixed and packed with and substituted wholly or in 
part for the said article.
Misbranding was alleged for the reason that the statements, " Contains 8 
Ozs. Oysters " and " Contains 10 Ozs. Oysters," appearing on the respective 
cases and cans, were false and misleading and deceived and misled pur- 
chasers thereof. 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.
On June 28, 1923, the Dixie Fruit Products Co., Mobile, Ala., claimant, 
having paid the costs of the proceedings and executed a good and sufficient 
bond in conformity with section 10 of the act, conditioned in part that the 
product be relabeled according to law, it was ordered by the court that the 
said product be released to the claimant.
HOWARD M. GOEE, Acting Secretary of Agriculture.