18892. Adulteration   and  Misbranding of  canned  minced  clams.     U.   S.  v.
96 Cartons of Canned Minced Clams.    Consent decree of condem- 
nation and forfeiture.    Product released under bond.     (F. & D. No.
26507.    I. S. No. 22231.    S. No. 4809.)
Examination of samples of canned minced clams from the shipment herein 
described having shown that the article contained excessive brine and that 
the packages failed to bear a plain and conspicuous statement of the quantity 
of the contents, the Secretary of Agriculture reported the matter to the United 
States attorney for the District of Oregon.
On June 18, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 96 cartons of canned minced clams, remaining in the original 
unbroken packages at Portland, Or eg., alleging that the article had been shipped 
by Wiegardt Bros., from Ocean Park, Wash., on or about May 14, 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 as amended.   The cans containing the article were unlabeled.
It was alleged in the libel that the article was adulterated in that excessive 
brine had been substituted in part for normal minced clams of good commercial 
quality.
Misbranding was alleged for the 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 outside of the package.
On December 10, 1931, Wiegardt Bros., Ocean Park, Wash., having appeared 
as claimant for the property and having consented to the entry of a decree, 
judgment of condemnation and forfeiture was entered, and it was ordered by 
the court that the product be released to the said claimant upon payment of 
costs and the execution of a bond in the sum of $800, conditioned in part that 
it should not be sold or otherwise disposed of contrary to the Federal food and 
drugs act and other existing laws.
AJBTHUB M. HYDE, Secretary of Agriculture.