19241. Adulteration  and  Misbranding of  oysters.     U.  S.  v.  8%   Gallons  of
Oysters.     Default   decree   of    destruction   entered.     (F.   &   D.   No.
27311.    I. S. No. 47554.    S. No. 5467.)
Samples of oysters from the shipment herein described having been found to 
contain added water, the Secretary of Agriculture reported the matter to the 
United States attorney for the Southern District of Ohio.
On November 28, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 8% gallons of oysters, remaining in the original packages at 
Columbus, Ohio, alleging that the article had been shipped on or about Novem- 
ber 17, 1931, by C. A. Loockerman, from Crisfield, Md., and had been trans- 
ported in interstate commerce from the State of Maryland into the State of 
Ohio, and charging adulteration and misbranding in violation of the food and 
drugs act. The article was labeled in part: " Original Pac Pure and Unadul- 
terated Oysters with the Sea's Natural Tang from Chesapeake Famous Oyster 
Bed."
It was alleged in the libel that the article was adulterated in that it consisted 
partly of added water.
Misbranding was alleged for the reason that the statement " Pure and Un- 
adulterated Oysters," borne on the label, was false and misleading and deceived 
and misled the purchaser.
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On January 29, 1932, no claimant having appeared for the property, a decree 
was entered adjudging the product adulterated and subject to condemnation, 
and it was ordered by the court that the said product be destroyed by the 
United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.