16726. Adulteration and misbranding of canned oysters.   U. S. v. 458 Cases
*   *    *    (and 1 other seizure action).    (F. D. C Nos. 27314 to 27316, 
incl.    Sample Nos. 29268-K, 29276-K, 29803-K.)
LIBELS FILED :   June 9 and 10, 1949, District of Colorado and District of Utah. 
ALLEGED SHIPMENT :   On or about April 8,1949, by the Anticich Canning Co., from 
Biloxi, Miss.
PRODUCT: Oysters. 458 cases at Salt Lake City, Utah; 1,014 cases at Denver, 
Colo.; and 516 cases at Pueblo, Colo.   Each case contained 48   4%-ounce Kans.
LABEL IN PART: (Can) "American Beauty Oysters Drained Weight 4% 
Ozs."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in 
whole or in part of a decomposed substance.
Misbranding, Section 403 (h) (2), the product fell below the standard of 
fill of container for canned oysters since the drained weight of the oysters 
taken from each container was less than 59 percent of the water capacity of 
the container, and its label failed to bear a statement that the product fell 
below the standard.
DISPOSITION : November 17 and 30, 1949. The following amounts were seized: 
452% cases at Salt Lake City, 1,026 cases at Denver, and 528 cases at Pueblo. 
The Anticich Canning Co. having appeared as claimant, the court found that 
224 cases and 151 cans at Salt Lake City, 655 cases at Denver, and 222 cases 
at Pueblo were fit for human consumption and were otherwise in compliance 
with the law, and ordered these cases and cans of oysters delivered to the 
claimant. The remainder of the three lots was ordered released under bond 
for labeling of the misbranded portion and destruction of the abnormal 
portion. Salvaging operations resulted in the destruction of 19 cases and 129 
cans of the Salt Lake City lot and 14 cases and 27 cans of the Denver and 
Pueblo lots.   The remainder of the cases and cans was relabeled.