236. Adulteration of canned oysters.    U.  S. v.  100  Cases  of  Canned  Oysters.
Default decree of condemnation and destruction.     (F, D. C. No. SOI.    Sam- 
ple No. 43955-D.)
Examination of this product showed the presence of decomposed oysters. It 
also contained shell fragments which were sharp and capable of inflicting injury 
in the mouth and many of which were small enough to be swallowed and lodge 
in the esophagus.
On July 27, 1939, the United States attorney for the Northern District of 
California filed a libel against 100 cases of canned oysters at San Francisco, 
Calif., alleging that the article had been shipped in interstate commerce on or 
about May 16, 1939, by Tamate Bros, from New Orleans, La.; and charging 
that it was adulterated.
Adulteration was alleged in that the article contained a deleterious substance, 
oyster shell fragments, which might have rendered it injurious to health; in 
that it consisted wholly or in part of a decomposed substance; and in that a sub- 
stance, oyster shell fragments, had been substituted wholly or in part for the 
article and had been mixed and packed therewith so as to reduce its quality.
On November 30, 1939, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.