14676. Adulteration and misbranding of canned oysters. U. ,S. vf Dnnnar- 
Dukate Co. Plea of guilty. Fine, ?1S0. (F. & D. No. 17621. I. S. 
Nos. 7744-v, et al.)
On February 20, 1926, the United States attorney for the Southern District 
of Mississippi, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against the 
Dunbar-Dukate Co., a corporation, trading at Biloxi, Miss., alleging shipment 
by said company, in violation of the food and drugs act as amended, in part on 
or about March 6, 1922, and in part on or about March 8, 1922, from the State of 
Mississippi into the State of Washington, of quantities of oysters which were 
adulterated and misbranded. The article was labeled in part: (Can) " Imperial 
Brand" (or "Pelican Brand") "Cove Oysters Packed By Dunbar-Dukate Co. 
New Orleans, La.-Biloxi, Miss.   Net Contents 8 Ounces Oyster Meat."
Adulteration of the article was alleged in the information for the reason 
that certain substances, to wit, excessive water and excessive brine, had been 
mixed and packed therewith so as to lower and reduce and injuriously affect 
its quality and strength, and had been substituted in part for oysters, which 
the said article purported to be.
Misbranding was alleged for the reason that the statements, to wit, " Oysters " 
and "Net Contents 8 Ounces," borne on the labels of the cans containing the 
article, were false and misleading, in that the said statements represented that 
the article consisted wholly of oysters and that each of the cans contained 8 
ounces 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 it consisted 
wholly of oysters and that each of the cans contained 8 ounces thereof, whereas 
it did not consist wholly of oysters but did consist in part of excessive water 
and excessive brine, and each of said cans did not contain 8 ounces 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 June 8, 1926, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $150.
W. M. JABDINE, Secretary of Agriculture.