14515. Misbranding1 and alleged adulteration of canned clams.    U. S. v. 24
Cases of Canned Clams.   . Decree of condemnation and forfeiture. 
Product released under bond.     (F. & D. No. 20372.    I. S. No. 6925-x.
S. No. E-5473.) 
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On August 27, 1925, the United States attorney for the District of Connecti- 
cut, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel praying seizure and con- 
demnation of 24 cases of canned clams, remaining in the original unbroken 
packages at Hartford, Conn., alleging that the article had been shipped from 
Boston, Mass., on or about August 7, 1925, 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: "White Star Brand Maine Clams Packed By A. J. 
Lawler So. West Harbor, Maine Net Weight 5 Ounces." 
Adulteration of the article was alleged in the libel for the reason that a 
substance, excessive brine, had been mixed and packed therewith so as to 
reduce, lower and injuriously affect its quality and strength and had been 
substituted in part for the said article.
Misbranding was alleged for the reason that the statements, " Clams Net 
Weight 5 Ounces," borne on the labels, were false and misleading and deceived 
and misled the purchaser; for the further reason that the article was offered 
for sale under the distinctive name of another article, and for the further 
reason that it was food in package form and the quantity of the contents was 
not plainly and conspicuously marked on the ojutside of the package.    .'?!L_   -
On or about April 1, 1926, A. J. Lawler, South West Harbor, Me., having 
appeared as claimant for the property, a decree was entered, adjudging the 
product misbranded and ordering its condemnation and forfeiture, and it was 
further ordered by the court that the said product be released to the claimant 
upon payment of the costs of the proceedings and the costs of supervision 
by this department of the relabeling of the product, and the execution of a 
bond in the sum of $300, conditioned upon compliance with the terms of the 
decree.
W. M. JABDINE, Secretary of Agriculture.