1281. Adulteration. and misbranding of canned oysters. IT. S. v. 50 Cases of 
Oysters.     Consent  decree  of  condemnation and destruction.     (F. D. C
No. 2539.    Sample No. 13295-13.)
This product consisted mainly of cuts and pieces of oysters of various sizes. 
It contained pieces of shell, many of them small enough to be swallowed and 
lodged in the throat. They were also sharp and capable of inflicting injury in 
the mouth.
On August 13, 1940, the United States attorney for the Southern District 
of California filed a libel against 50 cases of oysters at Los Angeles, Calif., alleg- 
ing that the article had been shipped in interstate commerce on or about July 
37, 1940, by Wiegardt Bros, from Ocean Park, Wash.; and charging that it was 
adulterated and misbranded. The article was labeled in part: (Cans) "Best 
for Soup Brand   *    *   *   Oysters."
It was alleged to be adulterated in that it contained a deleterious substance, 
namely, pieces of shell which might have rendered it injurious to health; in that 
an article containing shell fragments had been substituted wholly or in part 
for oysters, which it purported to be; and in that shell fragments had been 
mixed or packed with it so as to reduce its quality.
The article was alleged to be misbranded in that the picture of a whole oyster 
that was shown on the can label was false and misleading since it consisted 
largely of cut oysters.
On October 9, 1940, Wiegardt Bros, filed a claim and answer and petitioned 
permission to withdraw samples and on October 10, 1940, the court ordered that 
a dozen cans be delivered to the claimant and a like number to the Government.
On November 9y 1940; the claimant having withdrawn its answer and consented 
to theentcy of a decree,; judgment of condemnation:: was: entered and^therproduet 
was ordered destroyed.