12694. Misbranding of raw oysters. V. S. v. 17 Barrels, etc. (F. D. C. No. 24028. Sample Nos. 6257-K, 6258-K.) LIBEL FILED : December 18,1947, Western District of Pennsylvania. ALLEGED SHIPMENT: On or about December 15, 1947, by the Irvington Fish & Oyster Co., Inc., from Irvington, Va. PRODUCT: Oysters. 24 barrels, each containing 160 1-pint cans, and 1 barrel, containing 136 1-pint cans, at Pittsburgh, Pa. Examination showed that the product contained added liquid in the amount of 12.1 percent in one portion and 13.4 percent in the remainder, indicating that they were not thoroughly drained. LABEL IN PART: "Irvington Brand Oysters Standard [or "Select"]." NATURE OF CHARGE : Misbranding, Section 403 (g) (1), the articles purported to be and were represented as standard and select oysters and they failed to conform to the definition and standard of identity for such oysters, since such definition and standard provides that the oysters are thoroughly drained, whereas the articles were not thoroughly drained. DISPOSITION : December 18,1947. The Irvington Fish & Oyster Co., Inc., claim- ant, having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for the removal of surplus water and other objectionable fluid, under the supervision of the Federal Security Agency.