14002. Adulteration and misbranding of canned oysters.     U. S. v. 12 Cases,
et al., of Canned Oysters. Consent decrees of condemnation and 
forfeiture. Product released under bond. (F. & D. Nos. 20151, 20152, 
20153.    I. S. No. 24719-v.    S. No. C-4755.)
On or about July 7, 17, and 20, 1925, respectively, the United States attorney 
for the District of South Dakota, 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 56 cases of canned oysters, 
remaining in the original unbroken packages in part at Sioux Falls, S. Dak., 
and in part at Deadwood, S. Dak., alleging that the article had been shipped 
by the Marine Products Co., from Biloxi, Miss., on or about January 10, 1925, 
and transported from the State of Mississippi into the State of South Dakota, 
and charging adulteration and misbranding in violation of the food and 
drugs act.
[Supplement 211
Adulteration of the article was alleged in the libels for the reason that a 
substance, water or brine, had been mixed and packed therewith so as to 
reduce, lower, or injuriously affect its quality or strength and had been 
substituted wholly or in part for the said article.
It was further alleged in substance in the libels that tlie article was mis- 
branded, in that the statements, to wit, "Riviera Brand Oysters Contents 
5 Oz. Packed By C. B. Foster Packing Co. Inc., Biloxi, Miss.," " Jewett's 
High Grade Brand Oysters Contents 5 Oz. Avd. Packed For Jewett Bros. & 
Jewett, Sioux Falls, S. D.," and "Dacotah Brand Oysters Contents 5 Ozs. 
Packed For Andrew Kuehn Co. Sioux Falls, S. D.," as the case might be, 
borne on the can labels of respective portions of the product, implied that it 
was a normal sound product, whereas water or brine had been mixed with 
and had been substituted wholly or in part for the said article.
On December 10, 1925, the Marine Products Co., Biloxi, Miss., having 
appeared as claimant for the property and having consented to the entry of 
decrees, judgments of condemnation and forfeiture were entered, and it was 
ordered by the court that the product be released to the said claimant to be 
relabeled, upon payment of the costs of the proceedings and the execution of 
good and sufficient bonds, in conformity with section 10 of the act.
R. W. DUNLAP, Acting Secretary of Agriculture.