11308.?Adulteration and misbranding of canned oysters. TJ. S. v. 85 Cases?
and 201 Cases of Oysters. Consent decree of condemnation and for??
feiture. Product released under bond. (P. & D. No. 17034. I. S. No. 8109-v.?
S. No. W-1256.)
On December 13, 1922, the United States attorney for the Northern District?
of California, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel for the seizure and?
condemnation of 85 cases and 201 cases of oysters, remaining in the original?
unbroken packages at San Franciscp, Calif., alleging that the article had been?
shipped by Dunbars, Lopez & Dukate Co., New Orleans, La., about August 15,?
1922, and transported from the State of Louisiana into the State of California,?
and charging adulteration and misbranding in violation of the Food and Drugs?
Act, as amended. A portion of the article was labeled in part: " Pointer Brand?
Cove Oysters Packed by Dunbars, Lopez & Dukate Co., New Orleans, La.=?
Biloxi, Miss. Serial No. A 1446 Guaranteed by the Packers under the Food?
and Drugs Act, June 30, 1906 Net Contents 10 Oz. Oyster Meat." The re??
mainder of the said article was labeled in part: (Case) " 10 Oz. 2 Doz."
Adulteration of the article was alleged in the libel for the reason that?
water or brine had been mixed and packed with and substituted wholly or in?
part for the said article.
Misbranding was alleged in substance for the reason that the statement,?
" Net Contents 10 Oz. Oyster Meat," 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 con??
tents was not plainly and conspicuously marked on the outside of the package.
On January 9, 1923, J. H. Newbauer & Co., San Francisco, Calif., having?
entered an appearance as claimant for the property and having 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 said claimant?
upon payment of the costs of the proceedings and the execution of a bond in the?
sum of $1,500, in conformity with section 10 of the act, conditioned in part that?
it be made to conform with the provisions of said act, under the supervision?
and to the satisfaction of this department.
C. W. PUGSLEY, Acting Secretary of Agriculture.