15369. Adulteration  and  Misbranding of  oysters.    TJ.  S. v.   Samuel  James
Robinson and William H. Stevens (W. H. Stevens ?fc Co.). Pleas of 
guilty. Fines, $30. (F. & D. No. 21574. I. S. Nos. 2336-x, 13849-x, 
14942-x.)
On April 28, 1927, the United States attorney for the District of Delaware, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district an information against Samuel James 
Robinson and William H. Stevens, copartners, trading as W. H. Stevens & Co, 
alleging shipment by said defendants, in violation of the food and drugs act 
as amended, on or about November 15, 1926, from the State of Delaware into 
the State of Ohio, and on or about November 22, 1926, from the State of 
Delaware into the State of .New York, of quantities of oysters, a portion of 
which were adulterated and the remainder of which were adulterated and 
misbranded. A portion of the article was labeled: (Cans) "1 Gallon Del. 3." 
Adulteration of the article was alleged in the information for the reason 
that a substance, to wit, water, had been mixed and packed therewith so as 
to lower, reduce, and injuriously affect its quality, and had been substituted in 
part for oysters, which the said article purported to be.
Misbranding was alleged with respect to a portion of the product for the 
reason that the statement, to wit, '' 1 Gallon," borne on the can labels, was 
false and misleading in that the said statement represented that the cans each 
contained not less than 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 said cans each contained 1 gallon of oysters, whereas each of the
; cans .did not contain 1 gallon of the article.    Misbranding was alleged with
; respect to the said portion of the product for the further reason that it was
\ fbdd in package form and the quantity of the contents was not plainly and
^'conspicuously marked on the outside of the package.
I    'Pn September 16, 1927, the defendants entered pleas of guilty to the infor-
$ mation and the court imposed fines totaling $30.
I 
R. W. DUNLAP, Acting Secretary of Agriculture.
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