12342. Adulteration and. misbranding1 of canned oysters.     V. S. v. 25 Cases,.
et al., of Canned Oysters. Consent decree of condemnation and 
forfeiture. Product released under bond. (F. & D. Nos. 18606, 18607. 
I. S. Nos. 12094-v, 120&5-V, 12096-v, 12097-v.    S. No. W-1504.;
On or about April 23, 1924, the United States attorney for the District of 
Oregon, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying the seizure 
and condemnation of 60 cases, 4-ounce size, and 60 cases, 8-ounce size, canned 
oysters, remaining in the original unbroken packages at Portland, Ore., 
alleging that the article had been shipped by the Marine Products (Inc.), New 
Orleans, La., on or about February 16, 1924, and transported from the State 
of Louisiana into the State of Oregon, and charging adulteration and mis- 
branding in violation of the food and drugs act as amended. The article was- 
labeled in part: " Golden Grain Belt Brand * * * Oysters Net Contents 8- 
Ounces" (or'" Net Contents 4 Ounces") "Packed By Sea Food Co., Biloxi, 
Miss."
Adulteration of the article was alleged in the libel for the reason that ex- 
cessive water or brine had been so mixed and packed with and substituted 
wholly or in part for normal oysters of good commercial quality as to reduce 
and lower and injuriously affect the quality and strength of the said oysters.
Misbranding was alleged for the reason that the article was labeled so as to 
deceive and mislead the purchaser, and for the further reason that the quantity 
of the contents was not plainly and conspicuously marked on the outside of the 
package.
On May 7, 1924, the Johnson Lieber Co., Portland, Oreg., claimant, 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 execu- 
tion of a bond in the sum of $600, in conformity with section 10 of the act, 
conditioned in part that the respective cans be relabeled by pasting over the 
statements of weight, stickers containing the following: " Slack Filled-con- 
tains excessive brine. Contents, 7^4 ounces Oyster Meat. This size can 
should contain 8 ounces of oyster meat," and " Slack Filled-contains exces- 
sive brine. Contents, 3% ounces. Oyster Meat. This size can should contain 
4 ounces Oyster Meat."
HOWABD.M. GORE, Acting Secretary of Agriculture.