4045. Adulteration and misbranding of canned oysters. II. S. v. 180 
Cases, et al., of Oysters. Consent decrees of condemnation and 
forfeiture. Product released under bond. (F. & D. Nos. 20523 to 
20527, incl., 20533. I. S. Nos. 561-x, 562-x, 564-x, 565-x. S. Nos. W-1799, 
W-1800.)
On or about October 20, 27 and 28, 1925, respectively, the United States 
ttorney for the Southern District of California, acting upon reports by the 
ecretary of Agriculture, filed in the District Court of the United States for 
lid district libels praying the seizure and condemnation of 880 cases of 
inned oysters, remaining in the original unbroken packages at Los Angeles, 
alif., alleging that the article had been shipped from Biloxi, Miss., in part on 
r about March 10, 1925, and in part on or about March 14, 1925, and trans- 
orted from the State of Mississippi into the State of California, and charging 
Alteration and misbranding in violation of the food and drugs act as 
mended. The article was labeled, variously: "Pedigree Brand Oysters Con- 
nts 5 Oz. Packed By C. B. Foster Packing Co., Inc., Biloxi, Miss."; 
Craig's (Formerly Padlock) Brand Oysters Packed for R. L. Craig & Co. Los 
ngeles, Cal. This Can Contains 5 Oz. Oyster Meat"; "Saratoga Brand Oys- 
:rs Net Weight Oyster Meat 5 Oz. Packed For Simpson-Ashby Co. Los Angeles, 
alif."
Adulteration of the article was alleged in the libels for the reason that 
zcessive water or brine had been mixed and packed therewith so as to reduce,
wer, or injuriously affect its quality and strength, and in that water or brine
id been substituted wholly or in part for the food constituents.
[Supplement 211
Misbranding was alleged for the reason that the statements regarding the 
contents of the said cans, borne on the labels, namely, " Contents 5 Oz.," " This 
Can Contains 5 Oz. Oyster Meat," "Net Weight Oyster Meat 5 Oz.," as the 
case might be, were false and misleading and deceived and misled the pur- 
chaser, and 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 16 and 18, 1925, R. L. Craig & Co., H. G. Chaffee Co., Walker 
Grocery Co., Daley's Inc., Simpson-Ashby Co., and E. A. Morrison, Inc., all 
of Los Angeles, Calif., having appeared as claimants for respective portions of 
the product and having admitted the allegations of the libels and consented to 
the entry of decrees, judgments of condemnation and forfeiture were entered, 
and it was ordered by the court that the product be released to the said 
claimants upon payment of the costs of the proceedings and the execution of 
bonds in the aggregate sum of $11,342, in conformity with section 10 of the 
act, said bonds providing that the product be relabeled and reconditioned in 
accordance with law and in a manner satisfactory to this department.
R. W. DUNLAP, Acting Secretary of Agriculture.