13834. Adulteration and misbranding: of canned oysters. U. S. v. 165 
Cases and 162 Cases of Canned Oysters. Product relabeled and 
released to claimants. (F. & D. Nos. 20283, 20284. I. S. Nos. 4216-x, 
4217-x.    S. No. C-4788.) 
On or about July 28, 1925, the United States attorney for the Eastern 
District of Arkansas, acting upon a report by the Secretary of Agriculture, 
filed in the District Court of the United States for said district libels praying 
the seizure and condemnation of 327 cases of canned oysters, at Pine Bluff, 
Ark., consigned in interstate commerce by Aughinbaugh Canning Co., from 
Biloxi, Miss., alleging that the article had been shipped January 2, 1925, and 
charging adulteration and misbranding in violation of the food and drugs 
act as amended. The article was labeled in part: (Can) "Nigger Head Brand 
Oysters, Contains 5 Oz. Oyster Meat. Distributed By Aughinbaugh Canning 
Co. Of Baltimore    *    *    *    Md."
It was alleged in the libels that the article violated section 7 of the act, 
paragraphs 1 and 2, in that excessive water or brine had been mixed and 
packed with and substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the statement "Contains 5 Oz. 
Oyster Meat," borne on the labels, was false and misleading and deceived 
and misled the purchaser. Misbranding was alleged for the further reason 
that the article was food in package fox-m and failed to bear a plain and 
conspicuous statement of the quantity of the contents, since the statement 
made was not correct.
On October 24, 1925, the Arkansas Brokerage Co. and the Hammett Grocer 
Co., both of Pine Bluff, Ark., having appeared as claimants for respective 
portions of the property, and the product having been relabeled to the 
satisfaction of this department, decrees of the court were entered, releasing 
the product to the claimants upon payment of the costs of the proceedings.
K. W. DUNLAP, Acting Secretary of Agriculture.