30516. Adulteration of canned oysters.     U. S. v. 300 Cases of Canned Oysters.
Default decree of condemnation and destruction. (F. & D. No. 45016. 
Sample Nos. 37138-D, 37139-D.)
This product contained sharp pieces of shell that were small enough to be 
swallowed and were capable of inflicting injury.
On March 11, 1939, the United States attorney for the Northern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 300 cases of canned 
oysters at San Francisco, Calif.; alleging that the article had been shipped in 
interstate commerce on or about January 11 and 17, 1939, by Burgess Canning 
Co., Inc., from New Orleans, La.; and charging adulteration- in violation of the 
Food and Drugs Act. The article was labeled in part: "Jar. V. D. Brand Cove 
Oysters Distributed by was. V. Dunbar, Inc., New Orleans, La."
It was alleged to be adulterated in that small [shell] fragments had been 
mixed and packed with it so as to reduce or lower its quality and had been 
substituted in part for oysters, which it purported to be. It was alleged to be 
adulterated further in that it contained an added deleterious ingredient, oyster 
shell fragments, which might have rendered it injurious to health.
On May 11, 1939, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.