13435, Adulteration and misbranding of canned oysters.     U. S. v. 100 Cases
of Oysters. Consent decree of condemnation and forfeiture. 
Product released under bond. <F. & D. No. 20046. I. S. No. 20889-v. 
S. No. W-1702.)
On April 25, 1925, the United States attorney for the District of Colorado, 
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 condemna- 
tion of 100 cases of oysters, remaining in the original unbroken packages at 
Denver, Colo., consigned by Foster, Fountain Co., Biloxi, Miss., alleging that 
the article had been sh.pped from Biloxi, Miss., on or about December 3, 1924, 
and transported from the State of Mississippi into the State of Colorado, and 
charging adulteration and misbranding in violation of the food and drugs act 
as -amended. The article was labeled in part: " Riviera Brand Oysters Con- 
tents 4 Oz. Packed By C. B. Foster Packing Co. Inc. Biloxi, Miss."
Adulteration of the article was alleged in the libel for the reason that water 
or br ne had been mixed and packed with and substituted in part for the said 
article.
Misbranding was alleged for the reason that the statement " Contents 4 
Oz.," borne on the cans containing the article, was false and misleading and 
deceived and misled the purchaser, in that the net contents of oysters in each 
of sa d cans was less than 4 ounces. Misbranding was alleged for the further 
reason that the article was food in package form and the quantity of the con- 
?tents was not plainly and conspicuously marked on the outside of the package, 
in that the quantity stated was not correct.
On May 28, 1925, the Morey Mercantile Co., Denver, Colo., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was or- 
dered by the court that the product be released to the said claimant upon pay- 
ment of the costs of the proceedings and the execution of a bond in the sum of 
$750, in conformity with section 10 of the act.
R. "W. DUNLAP, Acting Secretary of Agriculture.