13615. Adulteration and misbranding of canned oysters.    U. S. v. 331 Cases
of Canned Oysters. Decree of condemnation and forfeiture. 
Product released under bond. (P. & D. No. 20057. I. S. No. 14449-v. 
S. No. W-1705.)
On May 1, 1925. the United States attorney for the Western District of 
Washington, 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 331 cases of canned oysters, remaining in the 
original unbroken packages at Seattle, Wash., alleging that the article had 
been shipped by the Dorgan-McPhillips Sales Co., from Mobile, Ala., March 
18, 1925, and transported from the State of Alabama into the State of Wash- 
ington, and charging adulteration and misbranding in violation of the food 
and drugs act as amended. The article was labeled in part: (Can) "Oysters 
Net Oyster Meat 5 Ounces."
Adulteration of the article was alleged in the libel for the reason that a 
substance, water or brine, had been mixed and packed therewith so as to re- 
duce, lower, or injuriously affect its quality or strength and had been sub- 
stituted wholly or in part for the said article. 
Misbranding was alleged for the reason that the designation "Net Oyster 
Meat 5 Ounces " was false and misleading and deceived and misled the pur- 
chaser, and in that it was food in package form and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the package.
On June 4, 1925, the National Grocery Co., Seattle, Wash., having appeared 
as claimant for the property and having admitted the allegations of the libel 
and paid the costs of the proceedings, judgment of condemnation was entered, 
and it was ordered by the court that the product be released to the said 
claimant upon the filing of a good and sufficient bond or a certified check to 
insure the reconditioning and relabeling of the product under the supervision 
of this department.
R. W. DUXLAP, Acting Secretary of Agriculture.