20123. Alleged adulteration and misbranding of oysters.   U. S. v. J. Loren
Sterling, Ira R. Howard, and Morris L. Milbourne (Milbourne Oyster
282061—54 2
72 
FOOD,  DKTJG,  AND  COSMETIC  ACT 
IF.N.J.
Co.).   Pleas of not guilty.   Tried to the court.   Verdict of not guilty.
(F. D. C. No. 30095.    Sample Nos. 40503-K, 66870-K, 67554-K.)
Sterling, Ira R. Howard, and Morris L. Milbourne, copartners, trading as the 
Milbourne Oyster Co., Crisfield, Md.
ALLEGED SHIPMENT : On or about November 20 and December 13 and 16, 1950, 
from the State of Maryland into the States of New York, Illinois, and Penn- 
sylvania.
LABEL IN PART : "Contents One Pint Milbourne's Delicious Salt Water Raw 
Oysters Distributed By Milbourne Oyster Co. Crisfield, Md. Oysters 
Standards."
NATURE OF CHARGE: Adulteration, Section 402 (b) (4), water had been added 
to a portion of the article and mixed and packed with it so as to increase its 
bulk and weight and reduce its quality.
Misbranding, Section 403 (g) (1), a portion of the article failed to conform 
to the definition and standard of identity for oysters standards since the oysters 
in such portion were not thoroughly drained and were packed with an added 
substance, namely, water. Further misbranding, Section 403 (e) (2), the 
remainder of the article failed to bear a label containing an accurate state- 
ment of the quantity of the contents since the cans containing the article con- 
tained less than "One Pint," as declared on the label.
DISPOSITION : The defendants having entered pleas of not guilty, the case came 
on for trial before the court on February 6, 1952. The trial was concluded on 
February 7, 1952, at which time the court returned a verdict of not guilty.