12543. Misbranding: of oysters.     U. S. v. John C. "Walker, Wade H. Walker,
and "William E. Walker (J. C. Walker & Bros.). Pleas of gruilty. 
Fine, $75.     (F. & D. No. 17517.    I. S. Nos. 5453-v, 5454-T, 5455-V.)
At the November, 1923, term of the United States District Court within and 
for the Eastern District of Virginia, the United States attorney for said dis- 
trict, acting upon a report by the Secretary of "Agriculture, filed in the district 
court aforesaid an information against John C. Walker, Wade H. Walker, and 
William E. Walker, copartners, trading as J. C. Walker & Bros., Exmore, Va., 
alleging shipment by said defendants, in violation of the food and drugs act as 
amended, in various consignments, namely, on or about December 9, December 
15, and December 18, 1922, respectively, from the State of Virginia into the 
State of Minnesota, of quantities of oysters which were misbranded. The article 
was labeled in part: (Can) "Virginia Seaside Oysters Minimum Volume 1 
Gallon."
Examination of the article by the Bureau of Chemistry of this department 
showed that the said cans measured contained from 0.93 to 0.97 gallon of 
oysters.
Misbranding of the article was alleged in the information for the reason 
that the statement, to wit, " Minimum Volume 1 Gallon," borne on the cans 
containing the said article, was false and misleading in that the said state- 
ment represented that each of the cans contained not less than 1 gallon of 
oysters and for the further reason that it was labeled as aforesaid so as to 
deceive and mislead the purchaser into the belief that each of the said cans 
contained 1 gallon of oysters, whereas, in truth and in fact, each of the cans 
contained less than 1 gallon of oysters. 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 conspicuotisly marked on the outside of 
the package.
On November 13, 1923, the defendants entered pleas of guilty to the informa- 
tion, and the court imposed a fine of $75.
HOWAED M. GOBE, Secretary of Agriculture.