14471. Adulteration and misbranding of canned oysters.     TJ. S. v. 87 Case*
of  Canned  Oysters.     Default  decree  of  condemnation, forfeiture, 
and destruction.     (F. & D. No. 20049.    I. S. No. 9592-v.    S. No. C-4720.)
On April 30, 1925, the United States attorney for the Northern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel and on June 26, 1925,
an amended libel praying seizure and condemnation of 87 cases of canned 
oysters, remaining in the original cans,'at Dallas, Tex., alleging that the 
article had been shipped by the Marine Products Co., from Biloxi, Miss., 
on or about March 11, 1925, and transported from the State of Mississippi 
into the State of Texas, and charging adulteration and misbranding in viola- 
tion of the food and drugs act as amended. The article was labeled in part: 
(Can) "Cocktail Brand Oysters Contents 5* Ozs. Oyster Meat Packed By 
Biloxi Fishermen's Packing Co. Of Biloxi, Miss."
Adulteration of the article was alleged in the libel for the reason that a 
substance, brine and water, had been mixed and packed therewith so as to 
reduce, lower or injuriously affect its quality and strength, and had been 
substituted wholly or in part for the said article....,..-,. ::^._,,^.^;::^:?.^;.^,??^;...,.
Misbranding was alleged for the reason that the statement "Contents 5 
Ozs." was false and misleading and deceived and misled the purchaser, and 
for the further reason that it was food in package form and the quantity 
of the contents was not plainly and conspicuously marked on the outside of 
the package, in that the said cans did not contain 5 ounces of the product.  ,
On May 10, 1926, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed .by the United States marshal.   _-___.__
W. M. JAEDINE, Secretary of Agriculture.
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