22079. Adulteration   and misbranding of   oysters.     TJ.   S.   v.   Charles   A.
Loockerman. Plea of nolo contendere. Judgment of guilty; 
fine, SOO and costs. (F. & D. no. 28130. I.S. nos. 39280 to 39283-,incl., 
39286 to 39289, incl., 41361, 41365, 41374. 45723, 47554.)
This case was based on interstate shipments of oysters which contained 
excessive water.
On May 2,1934, the United States attorney for the District of Maryland, acting 
upon a report by the Secretary of Agriculture, filed in the district court an 
information against Charles A. Loockerman, Crisfield, Md., alleging shipment 
by said defendant, in violation of the Food and Drugs Act, between the dates 
of November 16, 1931, and December 22, 1931, from the State of Maryland, into 
the States of Missouri, Pennsylvania, Illinois, and Ohio, of quantities of oysters 
which were adulterated, and the greater number of shipments of which were also 
misbranded. One of the shipments was labeled, " Minimum 1-Gallon Volume ", 
and was invoiced as " Standards." The remaining shipments were labeled in 
part: " Fansepakt * * * Oysters Packed Exclusively For Mid-Central Fish 
Co., Kansas City, Mo., Distributors " ; or " Original Pac,   *    *    *    Oysters."
It was alleged in the information that the article was adulterated in that 
water had been mixed and packed with the article so as to lower and reduce 
and injuriously affect its quality and strength; in that water had been sub- 
stituted in part for oysters which the article purported to be;; and in that a 
valuable constituent of the article, oyster solids, had been in part abstracted.
Misbranding of all lots but one was alleged for the reason that the statement 
on the label, " Oysters ", was false and misleading, and for the further reason 
that the article was labeled so as to deceive and mislead the purchaser, since
the article was represented to consist wholly of oysters, whereas it consisted 
in part of excessive water.
On May 2, 1934, a plea of nolo contendere was entered, and the court found 
the defendant guilty and imposed a fine of $100 and costs.
M. L. WILSON, Acting Secretary of Agriculture.