15630. Adulteration and misbranding of canned oysters.   U. S. v. 677 Cases
* *    *.    (F. D. C. No. 27551.   Sample No. 53712-K.)
LIBEL FILED :   July 1,1949, Southern District of Mississippi. 
ALLEGED SHIPMENT :   On or about March 19 and 29,1949, by Morgan City Canning 
Co., Inc., from Houma, La.
PRODUCT:   677 cases, each containing 48 unlabeled cans, of oysters at Biloxi, Miss.
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in 
whole or in part of a decomposed substance.
Misbranding, Section 403 (h) (2), the article fell below the standard of fill 
of container for canned oysters, and its label failed to bear a statement that 
it fell below such standard. (The standard provides that the drained weight 
of oysters taken from the container is not less than 59 percent of the water 
capacity of the container.)
DISPOSITION: September 3, 1949. Morgan City Canning Co., Inc., claimant, 
having consented to the entry of a decree, judgment of condemnation was 
entered and the court ordered that the product be released under bond for 
segregation of the unfit portion, under the supervision of the Food and Drug 
Administration. The segregation operations resulted in the release of 292 
cases and 29 cans to the claimant out of a total of 361 cases, plus 32 cans which 
had been seized.