19345. Alleged Misbranding of oysters.    U. S. v. Edward R. Clarice (E. R.
Clarke).     Instructed   verdict   of  not   guilty.      (F.   &   D.   No.   25725.
I. S. Nos. 14486, 14487.)
Sample cans of oysters taken from the shipments involved in this action 
having been found to contain less than the volume declared on the label, the 
Secretary of Agriculture reported the matter to the United States attorney for 
the Eastern District of Virginia.
On April 28, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid an information against Edward 
E. Clarke, trading as E. R. Clarke, Norfolk, Va., charging shipment by said 
defendant, in violation of the food and drugs act, on or about February 3, 
1931, from the State of Virginia into the State of South Carolina, of quantities 
of oysters that were alleged to be misbranded. The article was labeled in part: 
Can) " Selects   *    *    *   Minimum 1 Pint Volume,"
Misbranding of the article was alleged in the information for the reason 
that the statement, to wit, " Minimum 1 Pint Volume," borne on each of the 
cans, 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 
the article was labeled as aforesaid so as to deceive and mislead the purchaser 
into the belief that the cans each contained 1 pint of oysters; whereas the 
cans did not contain 1 pint of oysters, but did contain a less amount.
On January 6, 1932, the case came on for trial before the court and a jury. 
After introduction of evidence on behalf of the Government and arguments 
by counsel the jury, acting under instructions of the court, returned a verdict 
of not guilty,
ARTHUR M. HYDE,  Secretary of Agriculture.