17173. Adulteration of canned oysters.   U. S. v. 319 Cases   *   *   *.    (F. D. C.
No. 27710.    Sample No. 53925-K.)
LIBEL FILED:   August 26,1949, Southern District of-Mississippi. 
ALLEGED SHIPMENT:    On or about June 10, 1949, by Hercules George, from 
New Orleans, La.
PRODUCT:   319 cases, each containing 48 cans, of oysters at Biloxi, Miss.
LABEL IN PART : "Better Buy Oysters Drained Weight 4% Oz." or "American 
Beauty    Oysters."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted 
in whole or in part of a decomposed substance by reason of the presence of 
decomposed oysters.
DISPOSITION: December 6, 1950. Anticich Canning Co., Inc., Biloxi, Miss., 
having appeared as claimant, the case came on for hearing on the motion of 
the claimant to release portions of the product identified by certain codes. 
The court, after examining the proof, interrogatories, and admissions of 
counsel, found that the libel should be sustained and the article condemned, 
but that certain codes were fit for human consumption and met the require- 
ments-of the Federal Food, Drug, and Cosmetic Act. Thereupon, the "court 
ordered that the fit codes (155 cases) be released from seizure and made 
available for distribution and consumption; that certain codes (113 cases) be 
released to the claimant under bond to be brought into compliance with the 
law; and that the remaining codes (7 cases) be destroyed.
FRUITS AND VEGETABLES
CANNED FRUIT