13391.  Adulteration and misbranding- of canned oysters. IT. S. v. 49 Cases
of    Oysters.     Consent    decree    of    condemnation and    forfeiture.
Product released under bond.     (F. & D. No. 20037. I.  S. No. 20446-v. 
S   No. W-1698.)
On April 24, 1925, the United States attorney for the Northern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 49 cases of oysters, remaining in the original unbroken 
packages at San Francisco, Calif., alleging that the article had been shipped 
by James B. Eyman Co., from New Orleans, La., March 21, 1925, and trans- 
ported from the State of Louisiana into the State of California, and charging 
adulteration and misbranding in violation of the food and drugs act a3 
amended. The article was labeled in part: (Can) "Lopez's Cove Oysters 
Beauty Brand Net Contents 10 Ozs. Oysters Packed by Lopez-Desporte Packing 
Co., Biloxi, Miss."
Adulteration of the article was alleged in the libel for the reason that 
water or brine had been mixed and packed with and substituted wholly or in 
part for the said article.
Misbranding was alleged for the reason that the article was labeled and 
branded so as to deceive or mislead the purchaser, and 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, since the 
drained weight of oysters contained in the said cans was less than stated on 
the label.
On May 5, 1925, the Lang & Stroh Co., San Francisco, Calif., the consignee 
of the shipment, having 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 execu- 
tion of a bond in the sum of $300, in conformity with section 10 of the act, 
conditioned in part that it be brought into compliance with the law under the 
supervision of this department.
C. F. MABVIN, Acting Secretary of Agriculture.