12271. Adulteration and misbranding of canned oysters.     tJ. S. v. 8 Cases
and lO Cases of Oysters. Default decrees of condemnation, for- 
feiture, and destruction. (F. & D. Nos. 18244, 18249. I. S. Nos 
18116-v, 18117-v.    S. Nos. C-4242, C-4243.)
On December 27 and 28, 1923, respectively, the United States attorney for 
the Eastern District of Tennessee, acting upon reports by the Secretary of 
Agriculture, filed in the district court of the United States for said district 
libels praying the seizure and condemnation of 18 cases of oysters, remaining 
in the original unbroken packages at Knoxville, Tenn., alleging that the 
article had been shipped by the Meridian Canning Co., Meridian, Ga., on or 
about November 15, 1923, and transported from the State of Georgia into the 
State of Tennessee, and charging adulteration and misbranding in violation of 
the food and drugs act, as amended. The article was labeled in part: " Merid- 
ian Brand * * * Oysters Net Contents 5 Ounces Oysters * * * Packed 
By Meridian Canning Co. Meridian, Ga."
Adulteration, of the article was alleged in the libels for the reason that 
excessive brine had been mixed, and packed therewith so as to reduce, lower, 
and injuriously affect its quality and strength and had been substituted wholly 
or in part for the said article.
Misbranding was alleged for the reason that the statement, "Meridian Brand
* * * Net Contents 5 Ounces Oysters," appearing in the labelling, was 
false and misleading and was intended to deceive and mislead the purchaser,
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 conspic- 
uously marked on the outside of the package.
On March 18, 1924, no claimant having appeared for the property, judgments 
of condemnation and forfeiture were entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
HOWAJBD M. GORE, Acting Secretary of Agriculture.