13922. Adulteration and misbranding: of canned oysters. XJ. S. v. 124 
Dozen Cans, et al.. of Oysters. Consent decrees of condemnation 
and forfeiture. Product released under bond. (F. & D. Nos 20249. 
20250. 20332. I. S. Nos. 23182-v, 24628-v, 2430-x, 2521-x. ?. Nos. C-4769, 
C-4779, C-4803.)
On July 16 and 17 and August 10, 1925, respectively, the United States 
attorney for the District of Kansas, acting upon reports by the Secretary of 
Agriculture, filed in the District Court of the United States for said district 
libels praying the seizure and condemnation of 1,006 cases and 124 dozen 
cans of oysters, remaining in the original unbroken packages in various lots
81350-26 2
at Winfield, Arkansas City, and Salina, Kansas, respectively, alleging that 
the article had been shipped by the C. B. Foster Packing Co,, from Biloxi, 
Miss., in various consignments, namely, on or about January 8 and 9 and 
March 26, 1925, respectively, and transported from the State of Mississippi 
into the State of Kansas, and charging adulteration and misbranding in 
violation of the food and drugs act as amended. A portion of the article 
was labeled in part: " Contents 5 Oz. Avd. Oyster Meat." The remainder 
of the said article was labeled in part: " Riviera Brand Oysters Contents 
5 Oz. Packed By C. B. Foster Packing Co. Biloxi, Miss," or "Pedigree Brand 
Oysters Packed By C. B. Foster Packing Co. Inc. Biloxi, Miss. Contents 
5 Oz.," as the case might be. 
.       ,;
Adulteration of the article was alleged in the libels for the reason that 
excessive brine had been mixed and packed therewith so as to injure, lower, 
and affect its quality, purity, and strength.
Misbranding was alleged for the reason that the statements, " Contents 
5 Oz. Avd. Oyster Meat," " Contents 5 Oz.," or " Contents 5 Oz.," as the case 
might be, borne on the respective labels of the said article, were false and 
misleading. Misbranding was alleged for the further reason that the article 
Tvas in package form and the quantity of the contents was not plainly and 
?conspicuously marked on the outside of the package.
On August 26, 1925, and September 24, 1925, respectively, the C. B. Foster 
Packing Co., Biloxi, Miss., and McManus-Heryer Brokerage Co., Wichita, 
Kans., having appeared as claimants for respective portions of the product, 
judgments of condemnation and forfeiture were entered, and it was ordered 
by the court that the product.be released to the respective claimants upon 
payment of the costs of the proceedings and the execution of bonds in the 
aggregate sum of $1,500, in conformity with section 10 of the act, condi- 
tioned in part that it be relabeled to show the true contents.
It. W. DUNLAP, Acting Secretary of Agriculture.