6878. Misbranding- of oysters. V. S. * * * v. Barataria Canning Co., a?
corporation. Flea of guilty. Fine, f 10. (F. & JX, No. 9349. I. S. No.?
8797-p.)
On February 4, 1919, the United States attorney for the Eastern District of
'Louisiana, acting upon a report by the Secretary of Agriculture, filed in the
District Court of the United States for said district an information against
the Barataria Canning Co., a corporation doing business at New Orleans, La.,
alleging shipment by said company, in violation of the Food, and Drugs Act,
N. J.0851-0900]      SERVICE AND REGULATORY ANNOUNCEMENTS.        363
as amended, on or about April 3,1918, from the State of Louisiana into the State?
of Alabama, of a quantity of an article, labeled in part " Tika Brand Cove?
Oysters," which, was misbranded.
Examination of samples of the article by the Bureau of Chemistry of this?
department showed the net weight to be as follows:
Number of cans.?
Ounces.
?4. 2
?4. 3
?4. 4
,??4. 5
?4. 6
?4. 7
?4. 9
?5. 0
?5. 2
?5. 3
Total 24 cans?
?112. 3
Average?
?4. 68
Average   shortage?
?. 32
Average shortage, 6.4 per cent.
Misbranding of the article was alleged in the information for the reason that?
the statement, to wit, "Net Contents 5 Ounces," borne on the labels attached?
to the cans containing the article, regarding it, was false and misleading in that?
it represented that each of said cans contained 5 ounces net of the article, and?
for the further reason that it was labeled as aforesaid so as to deceive and?
mislead the purchaser into the belief that each of said cans contained 5 ounces?
net of the article, whereas, in truth and in fact, each of said cans did not con??
tain 0 ounces net of the article, but contained a less amount. Misbranding?
of the article was alleged for the further reason that it was food in package?
form, and the quantity of the contents was not plainly and conspicuously marked?
on the outside of the package.
On May 31, 1919, the defendant company entered a plea of guilty to the in??
formation, and the court imposed a fine of $10.
C. F. MARVIN, Acting Secretary of Agriculture.