15711.  Adulteration and misbranding of canned oysters. U. S. v. 75 Cases
of   Oysters.      Consent   tleeree   of   condemnation and   forfeiture.
Product released under bond.    (F. & D. No, 21702. I. S. No. 10852-x. 
S. No. W-2105.)
On March 3, 1927, the United States attorney for the Northern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying seizure 
and condemnation of 75 cases of oysters, remaining in the original unbroken 
packages at San Francisco, Calif., alleging that the article had been shipped 
by the Shelmore Oyster Products Co., from Charleston, S. C, September 28, 
1926, and transported from the State of South Carolina into the State of 
California, and charging adulteration and misbranding, in violation of the 
food and drugs act as amended. The article was labeled in part: (Can) " Maid- 
Rite Brand Selected Oysters Net Contents 5 Oz."
Adulteration of the article was alleged in the libel for the reason that a 
substance,  excessive brine, had been mixed  and packed therewith  so  as to
reduce, lower, or injuriously affect its quality and strength and had been sub- 
stituted wholly or in part for the said article.
Misbranding was alleged for the reason that the statement " Net Contents 
5 Ounces," borne on the label, was false and misleading and deceived and 
misled the purchaser, and in that the article was food in package form and the 
quantity of the contents was not plainly and conspicuously marked on th*3 
outside of the package.
On July 27, 1927, Kockos Bros., Inc., San Francisco, Calif., having appeared: 
as claimant for the property and having consented to the entry of a decree, 
judgment of condemnation and forfeiture was entered, and it was ordered by 
the court that the product be delivered to the said claimant upon payment 
of the costs of the proceedings and the execution of a good and sufficient bond, 
conditioned in part that it be made to conform with the Federal food and drugs 
act under the supervision of this department.
R. W. DTTNLAP, Acting Secretary of Agriculture.