18867. Adulteration and Misbranding of canned minced clams.    U. S. v. 8
Cases of Minced Clams. Default decree of condemnation, forfei- 
ture, and destruction. (F. & D. No. 26493. I. S. No. 22230. S. No. 
4790.)
Samples of canned minced clams from the shipment herein described having 
been found to contain excessive brine, the Secretary of Agriculture reported 
the matter to the United States attorney for the District of Oregon.
On June 12, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and condem- 
nation of eight cases of canned minced clams, remaining in the original un- 
broken packages at Portland, Oreg., alleging that the article had been shipped
114478-32 2
by the Ocean Park Packing Co., from Ocean Park, Wash., on or about April 24, 
1931, and had been transported from the State of Washington into the State 
of Oregon, and charging adulteration and misbranding in violation of the food 
and drugs act. The article was labeled in part: (Can) "Ocean Park Brand 
Willapa Bay-Mincevd Clams."
It was alleged in the libel that the article was adulterated in that brine and 
clam nectar had been substituted in part for normal minced clams of good 
commercial quality.
Misbranding was alleged for the reason that the statement " Minced Clams," 
borne on the label, was false and misleading and deceived and mislead the 
purchaser when applied to a product containing excessive brine.
On October 5, 1931, 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.
ABTHUB M. HYDE, Secretary of Agriculture.