32711. Adulteration and misbranding: of canned oysters. V, S. v. 220 
Oases, et al., of Canned Oysters. Consent decrees of condemna- 
tion and forfeiture. Product released under bond to be re- 
labeled. (F. & D. Nos. 18619, 18620, 18621. 18622, 18637, 18652. I. S. 
Nos. 6350-v, 18803-v, 18804-v.    S. Nos. C-4341, C-4365, C-4373.)
On April 23, May 3, and May 6, 1924, respectively, the United States attor- 
ney for the Eastern District of Missouri, acting upon reports by the Secretary 
of Agriculture, filed in the District Court of the United States for said dis- 
trict libels praying the seizure and condemnation of 359 cases of canned 
oysters, remaining in the original unbroken packages at St. Louis, Mo., al- 
leging that the article had been shipped by the Marine Products Co., Biloxi, 
Miss., on or about March 3, 1924, and transported from the State of Mississippi 
into the State of Missouri, and charging adulteration and misbranding in vio- 
lation of the food and drugs act as amended. One lot was labeled in part: 
(Can) '^Lopez's Cove Oysters Biloxi Chief Brand Oysters Net Contents 5 
Ounces Oyster Meat Packed By Lopez Packing Co., Biloxi, Miss." A second 
lot was labeled in part: (Case "Lopez Packing Co. Biloxi Miss."; (can) 
" Selected Oysters Contents 6 Ozs. Avoirdupois Oyster Meat." A third lot was 
labeled in part: (Can) "Lopez's Cove Oysters Net Contents 6 Ounces Oyster 
Meat Tika Brand * * * Packed By Lopez Packing Co. Biloxi, Miss, and 
?Buras  La."
Adulteration of the article was alleged in the libels for the reason that water 
or brine had been mixed and packed therewith so as to reduce or lower or 
injuriously affect its quality or strength and had been substituted in part for 
the said article.
Misbranding was alleged with respect to a portion of the article for the 
reason that the designation " Net Contents 5 Ounces," borne on the labels, was 
false and misleading and deceived and misled the purchaser. Misbranding 
was alleged with respect to the remainder of the said article for the reason 
that the labels were false and misleading and deceived and misled the pur- 
chaser in that the drained weight of the oysters contained in the cans was 
less than stated on the labels. Misbranding was alleged with respect to all the 
product for the further reason that it was food in package form, and the 
quantity of the contents was not conspicuously stated on the outside of the 
packages.
On July 11, 1924, the Lopez Packing Co., Biloxi, Miss., having appeared as 
claimant for the property and having consented to the entry of decrees, judg- 
ments of condemnation were 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 bonds in the aggregate sum of $1,500, in 
conformity with section 10 of the act, conditioned in part that statements of 
the net contents be obliterated and the cans relabeled, " Slack Filled. Minimum 
contents 4 Ounces Oyster Meat. A can this size should contain 5 ounces oyster 
meat," or " Slack filled. Minimum Contents 4.6 ounces Oyster Meat. A can 
this size should contain 6 Ounces Oyster Meat," as the case might be.
HOWAED M. GORE, Secretary of Agriculture.