13493. Misbranding  and  alleged  adulteration  of canned  oysters.     IT.  S. v.
39 Cases of Canned Oysters. Decree entered, adjudging? product 
misbranded and ordering its destruction. (P. & D. No. 19953. 
I. S. No. 14739-v.    S. No. C-4694.)
On March 31, 1925, the United States attorney for the Eastern District of 
Tennessee* 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 39 cases of canned oysters, at Morristown, Tenn., alleging 
that the article had been shipped by the Marine Products Co., from Biloxi, 
Miss., on or about January 21, 1925, and transported from the State of Missis- 
sippi 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: " Marine Oysters Contents 4 Ounces Oyster Meat Marine Products. Inc. 
New Orleans, La. Distributors."
Adulteration of the article was alleged in the libel for the reason that ex- 
cessive 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 " Marine Oysters 
Contents 4 Ounces Oyster Meat" was false and misleading and intended to 
deceive and mislead the purchaser, and 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 May 25, 1925, no claimant having appeared for the property, judgment 
of the court was entered, finding the product misbranded and ordering that it 
be destroyed by the United States marshal.
C. F. MARVIN, Acting Secretary of Agriculture.