12709. Adulteration and misbranding of oysters.     U. S. v. Harry M. Wood-
burn   (H.   M.   Woodburn).     Plea   of   gruilty.     Fine,   $10   and   costs.
(F. & D. No. 18742.    I. S. Nos. 15164-v, 15165-v, 15166-v.)
On July 11, 1924, 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 Harry M. Wood- 
burn, trading as H. M. Woodburn, Solomons, Md., alleging shipment by said 
defendant, in violation of the food and drugs act as amended,.in two consign- 
ments, namely, on or about February 5 and 7, 1924, respectively, from the 
State of Maryland into the District of "Columbia, of quantities of oysters 
which were adulterated and misbranded. The article was labeled in part: 
(Can) "Minimum Volume 1 Gallon."
Examination of the article by the Bureau of Chemistry of this department 
showed that it contained added water and that the quantity of the contents of 
the cans was less than 1 gallon.
Adulteration of the article was alleged in the information for the reason 
&at water had been mixed and packed therewith so as to reduce and lower 
and injuriously affect its quality and strength and had been substituted in 
part for the said article.
Misbranding was alleged for the reason that the statement, to wit, " Mini- 
mum Volume 1 Gallon," borne on the cans containing the article, was false 
and misleading in that the said statement represented that each of the cans 
contained 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 each of said cans 
did not contain 1 gallon of oysters but did contain a less amount. Misbrand- 
ing 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 July 18, 1924, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $10 and costs.
HOWARD M. GORE, Secretary of Agriculture.