19432. Misbranding of oysters.    U.  S. v.  Frank D.  Neubert,  Leo  Neubert, 
and Cnarles A. Neubert (Castle Packing Co.).    Plea of nolo con- 
tendere.    Fines, $30 and costs.     (F. & D. No. 26544.    I. S. Nos. 8821, 
8824, 13446, 13502.) 
This action involved the interstate shipment of quantities of oysters in cans 
which were represented to contain 1 gallon of the article, but which were found 
to contain less than so represented.
On July 24, 1931', 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 the district aforesaid an information against Frank D. 
Neubert, Leo Neubert, and Charles A. Neubert, a copartnership trading as the 
Castle Packing Co., Baltimore, Md., alleging shipment by said defendants, in 
violation of the food and drugs act as amended, in various consignments, between 
November 18 and November 22, 1930, from the State of Maryland into the 
States of Pennsylvania, Indiana, and Kentucky, of quantities of oysters that 
were misbranded. The article was labeled in part: " Extra Selects [or " Extra 
Standards "] Castle Packing Co., Baltimore, Md. Minimum Volume 1 gallon." 
It was alleged in the information that the article was misbranded in that 
the statement "Minimum Volume 1 Gallon" was false and misleading; and 
for the further reason that the article was so labeled as to deceive and mislead 
the purchaser, in that the said statement represented that the cans each con- 
tained 1 gallon of oysters; whereas they did not, but did contain a less amount. 
Misbranding was alleged for the further reason that the article was food in 
package form and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package, since the cans contained less than 
represented.
On September 8, 1931, the defendants entered pleas of nolo contendere to 
the information, and the court imposed a fine of $10 and costs against each 
defendant.
AETHtTB M. HYDE, Secretary of Agriculture.