14378. Adulteration and misbranding' of canned oysters. IT. S. v. 25 Cases 
of Canned Oysters. Default decree of condemnation, forfeiture 
and destruction.     (F. & D. No. 21004.    I. S. No. 4077-x.    S. No. C-5066.)
On April 5, 1926, the United States attorney for the Eastern District of 
Louisiana, 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 
condemnation of 25 cases of canned oysters, remaining in the original un- 
broken packages at New Orleans, La., alleging that the article had been shipped 
by the E. C. Joullian Packing Co., Lakeshore, Miss., on or about January 7, 
1926, and transported from the State of Mississippi into the State of Louisiana, 
and charging adulteration and misbranding in violation of the food and drugs 
act as amended. The article was labeled in part: (Can) "Biloxi Brand 
Oysters Net Weight Contents 5 Oz. Packed By E. C. Joullian Packing Co. 
Lake Shore, Miss."
Adulteration of the article was alleged in the libel for the reason that a 
substance, excessive brine, had been mixed and packed therewith so as to 
reduce, lower, or injuriously affect its quality or strength and had been sub- 
stituted wholly or in part for the said article.
Misbranding was alleged for the reason that the statement "Net Weight 
Contents 5 Oz.," borne on the label, was false and misleading and deceived 
and misled the purchaser. Misbranding was alleged 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 31, 1926, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be destroyed by the United States marshal.
W. M. JABDINE, Secretary of Agriculture.