13560. Misbranding of oysters. V. S. v. Paul Powell and Ira F. Burton 
(Powell and Burton). Pleas of guilty. Fines, JR50. (P. & D. No. 
18741.    I. S. No. 2350-v.)
On October 16, 1924, the United States attorney for the Eastern District of 
Virginia, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
Paul Powell and Ira F. Burton, copartners, trading as Powell & Burton, 
Wachapreague, Va., alleging shipment by said defendants, in violation of the 
food and drugs act as amended, on or about December 17, 1923, from the State 
of Virginia into the State of New York, of a quantity of oysters which were 
misbranded.    The article was labeled in part: "Minimum 1 Gallon Volume."
Examination by the Bureau of Chemistry of this department of 12 cans from 
the consignment showed an average shortage of 2.35 per cent.
Misbranding of the article was alleged in the information for the reason 
that the statement, to wit, " Minimum 1 Gallon Volume," borne on the packages 
containing the article, was false and misleading, in that the said statement
BUREAU OP  CHEMISTRY .   [Supplement 202
represented that the packages 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 said packages contained not 
less than 1 gallon of oysters, whereas each of said packages did not contain 1 
gallon of oysters but did contain a less amount. 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 November 10, 1924, the defendants entered pleas of guilty to the informa- 
tion, and the court imposed fines in the aggregate amount of $50.
R. W. DTJNLAP, Acting Secretary of Agriculture.