15183. Misbranding of canned oysters.   U. S. v. 754 Cases   *   *   *.    (F. D. C.
No. 27237.   Samples Nos. 31838-K, 31839-K.)
LIBEL FILED :   May 17,1949, Southern District of California.
ALLEGED SHIPMENT: On or about March 19 and April 9, 1949, by the E. H. 
Bendiksen Co., South Bend, Wash.
PRODUCT: 754 cases, each containing 24 71/£-ounce cans, of oysters, at Los 
Angeles, Calif.
LABEL IN PART:    "Bendiksen's East Point Fancy Select Pacific Oysters."
NATURE OF CHARGE: Misbranding, Section 403 (h) (2), the product fell below 
the standard of fill of container for canned oysters, and its label failed to 
bear a statement that it fell below such standard. The standard of fill of 
container for canned oysters is a fill such that the drained weight of oysters 
taken from each container is not less than 59 percent of the water capacity of 
the container.
DISPOSITION : June 21, 1949. The E. H. Bendiksen Co., claimant, having con- 
sented to the entry of a decree, judgment of condemnation was entered and the 
court ordered that the product be released under bond, conditioned that it be 
relabeled under the supervision of the Pood and Drug Administration.