11953. Adulteration, and misbranding of canned oysters.    V. 5. v. 88 Cases
and 13  Cases  oif Oysters.     Consent  decree  of condemnation  and 
forfeiture.    Pi-oduet  released under bond to be relabeled.     (F. &
D. Nos. 16643, 16663.    I. S. Nos. 6601-v, 6603-y.    S. Nos. C-3710, C-3726.)
On July 19 and 27, 1922, respectively, the United States attorney for the 
Eastern District of Missouri, acting upon reports by the Secretary of Agricul- 
ture, filed in the District Court of the United States for said district libels 
praying the seizure and condemnation of 101 cases of oysters, remaining unsold 
in the original unbroken packages in part at Sikeston and in part at St. 
Louis, Mo., alleging that the article had been shipped by the Hilton Head 
Packing Co., Savannah, Ga., in part on or about April 22 and in part on or 
about May 17, 1922, and transported from the State of Georgia into the State 
of Missouri, and charging adulteration and misbranding in violation of the 
Food and Drugs Act, as amended. A portion of the article was labeled in 
part: (Can) "Hilton Head Brand * * * Contains 5 Oz. Oyster Meat 
Oysters * * * Packed By Hilton Head Packing Co. * * * Savannah, 
<2a." The remainder of the article was labeled in part: (Can) "Indian Belle 
Brand    *    *    *    Select Quality Oysters    *    *    *    Contents 5 Ozs."
Adulteration of the article was alleged in the libels for the reason that exces- 
sive brine had been packed with and substituted wholly or in part for the 
said article.
Misbranding of the article was alleged for the reason that the statements, 
" 5 Oz." and " Contents 5 Ozs.," borne in the labeling of the respective brands 
?of the said article, were false and misleading and deceived and misled the pur- 
chaser. Misbranding was alleged for the further reason that the article was 
food in package form and the quantity of the contents was not plainly and 
conspicuously marked on the outside of the package.
On October 2, 1922, the Hilton Head Packing Co., Inc., Savannah, Ga., hav- 
ing appeared as claimant for the property and having consented to the entry 
of a decree, judgment of condemnation and forfeiture was entered, and it 
?was ordered by the court that the product be released to the said claimant 
upon payment of the costs of the proceedings and the execution of a good 
?and sufficient bond, in conformity with section 10 of the act, conditioned in 
part that it be relabeled: " Slack Filled A package of this size should contain 
5 ounces Oyster Meat.    Actual cut-out weight in this can 3.5 ounces."
C. F. MAKVIN, Acting Secretary of Agriculture.