14930.?Adulteration and misbranding of canned oysters.     V. S. v. 36 Cases
and 72 Cases of Oysters. Decrees of condemnation and forfeiture?
entered. Portion of product destroyed. Remainder released un??
der bond. (F. & D. Nos. 20961, 21029. I. S. Nos. 6773-x, 7486-x. S. Nos.?
E-5691, E-5714.)
On or about March 24 and May 4, 1926, respectively, the United States?
attorney for the Southern District of Florida, acting upon reports by the Sec??
retary of Agriculture, filed in the District Court of the United States for said
490	
BUREAU   OF   CHEMISTRY	
[ Supplement 229
district libels praying seizure and condemnation of 108 cases of canned oysters, ??
remaining in the original unbroken packages at Jacksonville. Fla., alleging that?
the article had been shipped by J. T. Leonard & Sons, from Charleston, S. C,?
in part on or about February 9, 1926, and in part on or about March 12, 1926,'?
and transported from the State of South Carolina into the State of Florida,?
and charging adulteration and misbranding in violation of the food and drugs?
act as amended. The article was labeled in part: " Sea Maid Brand Oysters?
Contents   5   Oz.    Packed   By   Seaside   Cannery   Charleston,   South   Carolina."
Adulteration of the article was alleged in the libels 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 in part for the said article.
Misbranding was alleged for the reason that the label bore a statement?
" Oysters Contents 5 Oz." or " Contents 5 Oz.," as the case might be, which was?
false and misleading and deceived and misled the purchaser. Misbranding?
was alleged for the further reason that the article was in package form and?
the quantity of the contents was not plainly and conspicuously marked on the?
outside of the package, and for the further reason that it was offered for sale?
under the distinctive name of another article.
On April 17, 1926, no claimant having appeared for 36 cases of the product?
judgment of condemnation and forfeiture was, entered, and it was ordered by?
the court that the said 36 cases be destroyed
* by the United States marshal.?
On June 10, 1926, John T. Leonard & Sons having appeared as claimant for?
the remaining 72 cases of the property and having admitted the allegations of?
the libel and 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 execution of a bond in the sum of $500, conditioned that it not be?
used contrary to law.
W. M. JARDINE, Secretary of Agriculture.