12692. Adulteration   and   misbranding   of   canned   oysters.     TJ.   S.   v.   100
Cases of Oysters. Consent decree of condemnation and for- 
feiture. Piodnct released under bond. (F. & D. No. 17480. I. S. 
No. 1043-v.     S. No. E-4373.)
On or about April 25, 1923, the United States attorney for the Southern 
District of Florida, 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 100 cases, each containing 4 dozen cans, of 
oysters, remaining in the original unbroken packages at Jacksonville, Ma., 
alleging that the article had been shipped by S. C. Goffin, from Baltimore, 
Md., on or about April 20, 1923, and transported from the State of Maryland 
into the State of Florida, and charging adulteration and misbranding in vio- 
lation of the food and drugs act.
Adulteration of the article was alleged in the libel for the reason that ex- 
cessive brine had been mixed and packed therewith so as to reduce and lower 
and injuriously affect its quality and strength and had been substituted in 
whole or in part for oysters, which the article purported to be.
Misbranding was alleged for the reason that the article was an imitation 
of and offered for sale under the distinctive name of another article.
On September 6, 1923, S. C. Goffin, Jacksonville, Fla., claimant, having ad- 
mitted the allegations of the libel 'and having consented to the entry of a de- 
cree, judgment of condemnation and forfeiture was entered, and it was ordered 
by the court that the product be released to the said claimant upon payment 
of the costs of the proceedings and the execution of a bond in the sum of 
$1,000, in conformity with section 10 of the act.
HOWARD M. GOBE, Secretary of Agriculture.