15945. Adulteration  and   misbranding  of   oysters.     V.   S.   v.   R.   E.   Roberts
Co.   (Wm.  D.   Glide  ?fc   Co.).     Plea  of  guilty.     Fine,  $25  and  costs.
(F. & D. No. 22567.    I. S. Nos. 14189-x, 14190-x, 14191-x, 14192-x.)
On July 6, 1928, 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 the B. E. 
Roberts Co., a corporation, trading as Wm. D. Gude & Co., Baltimore, Md., 
alleging shipment by said company, in violation of the food and drugs act as 
amended, on or about November 22, 1927, from the State of Maryland into 
the State of Ohio, of quantities of oysters which were adulterated and mis- 
branded. The article was labeled in part: "Premium Brand * * * Oysters 
of Quality Packed by Wm. D. Gude & Co., Baltimore, Md. Contents 1 Pt. Net" 
(or "Contents 1 Qt. Net").
It was alleged in the information that the article was adulterated in that a 
substance, to wit, water, had been mixed and packed therewith so as to reduce 
and lower and injuriously affect its quality and strength, and had been sub- 
stituted in part for oysters, which the said article purported to be.
Misbranding was alleged with respect to a. portion of the article for the 
reason that the statement, to wit, " Contents 1 Pt. Net," borne on the labels 
of the cans containing the said portion, was false and misleading in that the 
said statement represented that the cans each contained 1 pint 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 pint 
of oysters, whereas they did not, but did contain a less quantity. Misbranding 
was alleged with respect to the said portion of the article 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.
On September 17, 1928, a plea of guilty to the information was entered on 
behalf of the defendant company, and the court imposed a fine of $25 and costs.
ABTHUB M. HYDE, Secretary of Agriculture.