14261. Misbranding   of   oysters.     U.   S.   v.   Ralph   Riggin,   Lloyd   Riggin,   and
Rex  Riggin   (Ralph   Riggin   &   Bros.).     Plea   of   guilty.     Fine,   925 
and eosts.     (F. & D. No. 19756.    I. S. Nos. 4475-x, 7218-x.)
On April 22, 1926, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district an information against Ralph Riggin, 
Lloyd Riggin, and Rex Riggin, copartners, trading as Ralph Riggin & Bros., 
alleging shipment by said defendants, in violation of the food and drugs act 
as amended, on or about December 11, 1925, from the State of Maryland in part 
into the District of Columbia and in part into the State of Missouri, of quanti- 
ties of oysters which were misbranded. The article was labeled in part* 
" Selects Minimum 1 Gallon Volume."       
Examination by the Bureau of Chemistry of this department of 10 cans of 
the article from the shipment showed an average volume of 0.97 gallon.
Misbranding of the article was alleged in the information for the reason 
that the statement, to wit, " Minimum 1 Gallon Volume," borne on the cans 
containing the said article, was false and misleading, in that the said state- 
ment represented that the said cans each contained 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 the cans each contained 1 gallon 
of oysters, whereas they did not each 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 May 3, 1926, the defendant, Lloyd Riggin, appeared as representing the 
partnership, and entered a plea of guilty, and the court imposed a fine of $25 
and costs.
W. M. JARDINE, Secretary of Agriculture.