12503. Adulteration and misbranding of canned clams,     TJ.  S. v. 48 Case*
of Canned Clams. Default decree of condemnation, forfeiture, 
and sale.     (F. & D. No. 17082.    I. S. No. 1723-v.    S. No. E-4248.)
On December 26, 1922, the United States attorney for the District of New 
Hampshire, 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 48 cases of canned clams at Concord, N. H., alleging 
that the article had been shipped by Andrew Kerr Co., from Barnstable, Mass., 
on or about December 4, 1922, and transported from the State of Massachusetts 
into the State of New Hampshire, and charging adulteration and misbranding 
in violation of the food and drugs act. The article was labeled in part: 
"Fancy Clams   Contents 8 oz. " (design showing clams).
Adulteration of the article was alleged in the libel for the reason that 
excessive brine had been mixed and packed with and substituted wholly or in 
part for clams.
Misbranding was alleged for the reason that the statement, " Fancy Clams 
Contents 8 oz.," together with a design showing clams, was false and mis- 
leading and deceived and misled purchasers. Misbranding was alleged for 
the further reason that the article was an imitation of and offered for sale 
under the distinctive name of another article.
On December 4, 1923, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be sold by the United States marshal.
HOWARD M. GORE, Secretary of Agriculture.