10969.?Adulteration and misbranding of canned clams.     IT. S. v. 300 Cases
and 80 Cases of Clams. Consent decrees of condemnation and?
forfeiture. Product released under bond. (P. & D. Nos. 16443,?
3 6444.    I. S. Nos. 14413-t, 14414-t, 14416-t.    S. Nos. W-1110, W-llll.)
On June 21, 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 libels for the seizure and?
condemnation of 300 cases of razor clams and 80 cases o*f unlabeled clams, re??
maining in the original unbroken packages at San Francisco, Calif., alleging that?
the article had been shipped by the Grays Harbor Fisheries & Packing Co., Bay?
City, Wash., June 2, 1922, and transported from the State of Washington into?
the State of California, and charging adulteration and misbranding, with respect?
to the former, and adulteration, with respect to the latter, in violation of the?
Food and Drugs Act, as amended. The razor clams were labeled in part: (Can)?
" Cluff Brand Fresh Minced Razor Clams Contents 7 Oz. Meat Contents 3A?
Oz.    *    *    *."
Adulteration was alleged in the libels with respect to both brands of the?
article for the reason that water or clam juice had been mixed and packed?
with and substituted wholly or in part for the said article.
Misbranding was alleged with respect to the razor clams for the reason that?
the statement appearing on the cans containing the said article, " Meat Contents?
31 Oz." was false and misleading and deceived and misled the purchaser, and
536	
BUREAU OF  CHEMISTRY.	
[Supplement 150,
for the further reason that the article was [food] in package form, and the?
quantity of the contents was not plainly and conspicuously marked on the out??
side of the package.
On July 18,1922, the Grays Harbor Fisheries & Packing Co., Bay City, Wash.,?
having entered an appearance as claimant for the property through its agent,?
Walter C. Zinn, San Francisco, Calif., and having consented to the entry of?
decrees, judgments of condemnation and forfeiture were entered, and it was?
ordered by the court that the products be released to the said claimant upon pay??
ment of the costs of the proceedings and the execution of bonds in the aggregate?
sum of $1,752.62, in conformity with section 10 of the act, conditioned in part?
that the said products be made to conform to the provisions of the said act,?
under the supervision of and to the satisfaction of this department.
C. W. PUGSLEY, Acting Secretary of Agriculture.