16128. Misbranding of canned oysters.   U. S. v. 39 Cases    *    *    *.    (F. D. C.
No. 28717.    Sample No. 47655-K.)
LIBEL FILED :    February 21,1950, Eastern District of Virginia.
ALLEGED SHIPMENT: On or about March 7, 1949, by the Neuse Packing Co., 
from Morehead City, N. C.
PRODUCT:   39 cases, each containing 48 cans, of oysters at Norfolk, Va.
LABEL IN PART :    (Can) "Double Eagle Brand   Oysters   Drained Wt.   4% Oz."
NATURE OE CHARGE : Misbranding, Section 403 (a), the label statement "Drained 
Wt. 4% Oz." was false and misleading since the product contained an average 
drained weight of 4.42 ounces; and, Section 403 (h) (2), the product failed to 
conform to the standard of fill of container for canned oysters since the con- 
tainer was not so filled that the drained weight of the oysters taken from 
each container was not less than 59 percent of the water capacity of the con- 
tainer, and its label failed to bear a statement that the product fell below such 
standard.
DISPOSITION: March 30, 1950. Default decree of condemnation. The court 
ordered that the product be delivered to a Federal institution.