11060.?Adulteration and misbranding of canned clams.    17. S. v. 875 Cases
of Canned Clams. Consent decree of condemnation and forfei??
ture. Product released under bond. (F. & D. Nos. 13788, 13789.?
13790, 13791, 13792, 13793.    I. S. No. 10069-t.    S. No. W-776.)
On October 13, 1920, 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 said district a libel for the seizure and?
condemnation of 875 cases of canned clams, remaining in the original unbroken?
packages at San Francisco, Calif., alleging that the article had been shipped?
by the East Machias Packing Co., from New York, N. Y., August 23, 1920, and?
transported from the State of New York into the State of California, and?
charging adulteration and misbranding in violation of the Food and Drugs Act,?
as amended. The article was labeled in part: (Cans) "Atlantic Brand Maine?
Clams East Machias Packing Co. East Machias, Maine.    Contents 5 Oz."
Adulteration of the article was alleged in the libel for the reason that brine?
had been mixed and packed therewith so as to reduce, lower, and injuriously?
affect its quality and had been substituted wholly or in part for the said article.
Misbranding was alleged in substance for the reason that the article was?
labeled in part as follows, " Contents 5 Oz.," which said label 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 thereon,?
the quantity stated not being correct.
On January 10, 1921, the Smith & Nessle Co., New York, N. Y., claimant,?
having consented to the entry of a decree, judgment of condemnation and for??
feiture was entered, and it was ordered by the court that the product be re??
leased to the said claimant upon payment of the costs of the proceedings and?
the execution of a bond in the sum of $4,500, in conformity with section 10 of?
the act, conditioned in part that the labeling be corrected to read in part,?
" Maine Clams In Excessive Brine Contents Minimum 3? Oz. Clams."
C. F. MARVIN, Acting Secretary of Agriculture.