19708. Misbranding of canned minced clams.    U. S. v. 25 Cases of Canned
Minced Clams.    Default decree of condemnation, forfeiture, and 
destruction.     (F. & D. No. 27742.    I. S. No. 32337.    S. No. 5832.)
This action involved the interstate shipment of a quantity of canned minced 
clams, sample cans of which were found, upon examination, to contain less than 
the declared weight. Examination further showed that some of the cans fell 
below the standard of fill of container promulgated by this department, and 
that they were not labeled to show that they were slack-filled.
On February 11, 1932, the United States attorney for the Northern District 
of California, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 25 cases of canned minced clams, remaining in 
the original unbroken packages at San Francisco, Calif., alleging that the article 
had been shipped in interstate commerce, on or about January 29, 1932, from
Seattle, Wash., to San Francisco, Calif., by the E. C. B. Canning Co. (K. C. B. 
Cannery (Inc.)), and charging misbranding in violation of the food and drugs 
act as amended. The article was labeled in part: " K. C. B. Minced White 
Clams   *   *   *   Packed by K. C. B. Cannery, Inc., Seattle, Wash. Net Weight
7y2 oz."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the can label, " Net Weight 7% oz.," was 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 outside of the 
package, since the statement made was not correct. Misbranding was alleged 
for the further reason that the article was canned food and fell below the 
standard of fill of container promulgated by the Secretary of Agriculture for 
such canned food, since the contents occupied less than 90 per cent of the 
volume of the closed container and the label did not bear a plain and con- 
spicuous statement prescribed by the Secretary, indicating that it fell below 
such standard.
On March 9, 1932, 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.
HENBY A.  WALLACE,  Secretary of Agriculture.