14377. Adulteration and misbranding of canned oysters.    U? S. v. 37 Cases 
of    Oysters.     Consent    decree    of   condemnation   and   forfeiture 
Product released under bond.     (F. & D. No. 20195.    I. S. No. 22378_v*
S. No. C-4772.) 
.;    :, : Jr^'
On July 10, 1925, the United States attorney for the Eastern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel praying seizure and condem- 
nation of 37 cases of oysters, remaining in the original unbroken packages at 
Paris, Tex., alleging that the article had been shipped by the C. B. Foster Pack- 
ing Co., Inc., from Biloxi, Miss., January 26, 1925, and transported from the 
State of Mississippi into the State of Texas, and charging adulteration and 
misbranding in violation of the food and drugs act as amended. The article 
was labeled in part: (Can) "Miss-Lou Brand Oysters Contents 5 Oz. Mays 
Food Products, Inc. Packers And Distributors New Orleans, La."
Adulteration of the article was alleged in the libel for the reason that brine 
had been mixed and packed therewith so as to reduce, lower or 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 " Mays Food 
Products, Inc., Packers And Distributors Contents 5 Oz.," borne on the label, 
was false and misleading and deceived and misled 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 August 19, 1925, the C. B. Foster Packing Co., claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree, judg- 
ment 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 execution of a bond in the sum of $500, in con- 
formity with section 10 of the act. It was further ordered by the court that 
the product be relabeled in accordance with the law.
W. M. JABDINE, Secretary of Agriculture.