11590. Adnlteration and misbranding of canned clams. IT. S. v. 12 Cases?
of Canned Clams. Default decree of condemnation, forfeiture,?
and destruction.     (F. & D. No. 17016.    I. S. No. 50-v.    S. No. E-4238.)
On December 7, 1922, the United States attorney for the District of Con??
necticut, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel praying the seizure?
and condemnation of 12 cases of canned clams, remaining unsold in the orig??
inal unbroken packages at New Haven, Conn., alleging that the article had?
been shipped by the Andrew Kerr Co., Barnstable, Mass., on or about October
6,?1922, and transported from the State of Massachusetts into the State of?
Connecticut, and charging adulteration and misbranding in violation of the?
Food and Drugs Act, as amended. The article was labeled in part: "Polo?
Brand    *    *    *   Clams Contents 5 Oz.    *    *    *    Clams."?
Adulteration of the article was alleged in the libel for the reason that exces??
sive brine had been mixed and packed with the said article so as to reduce?
and lower and injuriously affect its quality and strength, and for the further?
reason that brine had been substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the labels on the cans con??
taining the article bore the following statements, "Clams Contents 5 Ox.?
* * * Clams," together with a design showing clams, which were 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 contents was not plainly and conspicuously marked on the out??
side of the package.
318	
BUREAU  OF  CHEMISTKY.	
[Supplement 162r
On May 23, 1923, no claimant having appeared for the property, judgment?
of condemnation and forfeiture was entered, and it was ordered by the court?
that the product be destroyed by the United States marshal.
HOWAED M. GOBE, Acting Secretary of Agriculture.